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在当前国内政治和经济大背景下,就对众筹法律监管调整方向而言毫无疑问应该是偏重于采取积极引导众筹发展的态势,然而众筹金融的发展极其有限,受到行政法、刑法等相关部门法领域的严格调整,这种调整在很多情况下与政策和经济发展期望不一致。所以应当考虑的是在结合产业政策与法律规范全面深化对众筹的效率性、可操控性、普惠性等金融性质的理解与定位的条件下判定众筹在诸部门法中的合法性,确定众筹监管制度的监管原则,从而拟定出对众筹金融具有实质性意义的法律监管制度。
In the current domestic political and economic background, there is no doubt that the direction of crowdfunding for legal supervision should undoubtedly be more emphasis on the positive trend of crowdfunding development. However, the development of crowdfunding finance is extremely limited and affected by administrative law, criminal law And other relevant departments and law areas of strict adjustment, in many cases this adjustment is inconsistent with the expectations of policies and economic development. Therefore, it should be taken into consideration that judging the legitimacy of crowdfunding in various departments and laws under the conditions of comprehensively deepening the understanding and orientation of the financial nature of crowdfunding, such as the efficiency, controllability, and inclusiveness of industrial policies and laws and regulations, To determine the regulatory principle of crowdfunding supervision system, so as to draw up a legal supervision system of substantial significance to crowdfunding finance.