| The futures market of china has undergone the throes in birth and the tribulation in swadding clothes. At the corner of the centuries , with the appearing on state of administrative regulations of futures trading of state conncil and administrative proviscnal measures of futures exchange house of China Securities Regulatory Commission, fundamental pattern and normative standard of our futures market have basically established.Otherwise, on the thecretical hand , some fundamental divergences do not come to the convincing conclusion. For example, the thing of futures trading is futures goods or standarized treaty? If law of contract is suit to be applied to all the key elements of futures market? and so on . At the same time, How to reduce the risk of futures trading, the expense of futures trading and realize more futures interest need further research, in the view of the law, the theory of law, the papers discussed that futures contract is a standarized treaty which is consistently made by futures exchenge house and trade a certain quantity and qulity of goods on a certain time and place in the future. There are essencial differences between futures contract , merchandise on hand contract and long - term contract . The relationship between futures contract and correlation, futures contract is intimate . This contract embodies the following characteristics 1, futures contract is designed by futures exchange house; 2, content standarization of futures contract 3, futures cintract is consistency of agent's meanings; 4, target of future contract is goods, labour, right or interest; 5, futures contract has earnest money as the avouchment's lever correctly grasping the essence of futures contract has an important effect for knowing of the qualities of futures contractand improving the futures legislation. Firmly believing futures trading legal responsibility is based on futures contract, Futures trading legal responsibility is the legal result which should be borne by the main body of futures trading legal relationship for violating futures contract or not performing legal or appointed duty. From the broad sense, futures trading legal responsibility has civil, administrative and criminal responsibilities , Futures trading civil legal responsibility is the important measure for protecting the bussiness rights of main body of futures trading legal relation ~ ship. In a word , Futures trading legal responsibility has basic effect for limiting the civil rights and interest for stablizing the trading market and protecting futures trader .Whether or not futures trading can healthy development is also due to the comparision of the expense of the trading and the profit of the trading, if the for - mer is larger than the later, it is very difficult to maintain the futures market, consequently, the trading expense of futures contract is the other important aspect related with the development of the futures market and the rights and interest of futures trader.The papers also give a comparative analysis for the design and construction of the trading expence of futures contract from the view of rule economics and contract economics. The direct trading expense of futures contract trading includes the earnest money, every kinds of trading service charges and so on . The earnest money is an ensuring mechanism. It derived from concrete and personified contract and used for credit ensure and risk control or used for the lose corn-pension. When to make system adjustment for earnest money. We should pay attention to adjusting the relative trading expense of earnest money, restraining transitional speculating behavior, preventing large customer control futures market , inspiring middle and small customer to trade, avoiding the interest distribution violating the rule of justice, the service charge of futures trading is the ex-pense that is handed in by the two sides of trading to the futures exchange house or the manage company, after the complishment of the futures contract, namely, the expense which is use... |
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