跨境众筹法制建设入局与破局的探索

跨境众筹是国内互联网产业规模化发展处于临界点之际的应然发展趋势,当下中国应当建设跨境众筹法律机制,意在预防该业务陷入互联网产业频发的实务先行,但立法滞后的问题。中国建设跨境众筹法律机制的主要问题在于没有其他国家和地区的先验立法可以借鉴、众筹本体法律性质不明、征信制度与国际社会尚未接轨,以及跨境互联网金融监管机制建设不成熟。可以通过在国内先行开展涉外众筹、对外先行开展跨境捐赠众筹的方式逐渐开展跨境众筹业务,同时加快建设跨境众筹法律机制的步伐,实现法律对实践的"供给侧引导"功能。

The exploration of the incoming and elaborating of the construction of cross-border crowd-funding legal system

Cross-border crowd-funding ought to be the development trend when the domestic internet industry''s scale development has come to the critical point. Presently China should build the legal mechanism of cross-border crowd-funding to prevent the awkward situation of practice starting off before legislation. The major problem to build the legal mechanism of China''s cross-border crowd-funding is that there has been no transcendent legislations of other countries and regions, the legal nature of crowd-funding''s noumenon is not quite sure, the credit investigation system has not been integrated with the international community, and the development of cross-border internet financial regulation mechanism is immature. We can carry out concerning foreign crowd-funding business in China and carry out cross-border crowd-funding of donation to carry out cross-border crowd-funding business increasingly. Meanwhile, we should accelerate the speed of building the legal mechanism of cross-border crowd-funding to realize legislation''s supply-side guiding function to practice.