有限合伙型私募基金中大量存在保底条款,而此种违反监管规定的保底条款却在司法实践中被法院依法作出与监管不符的认定。明明是违规而不应被认可的保底条款,却在司法实践实践中被认定为有效,或是被认定为借款合同关系,如此造成的司法与监管的背离对于相关市场和经济秩序是不利的,而归根结底,此类问题的根源就在于监管与司法的脱节,即相关规制的不统一。 There is a large number of underwriting provisions in the limited partnership type private equity funds. However, such underwriting provisions in violation of the regulatory requirements have been found by the court to be inconsistent with the regulatory rules in the judicial practice. Obviously illegal and should not be recognized as the guarantee clause, but in judicial practice was found to be valid, or was identified as a loan contract, so the resulting departure from the judicial and regulatory market and the economic order is not conducive to the relevant, In the final analysis, the root of such problems lie in the disconnection between supervision and administration, that is, the unification of relevant regulations.