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Supervision Of Financial Products OTC Legal System Summery

Posted on:2012-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:X R JiangFull Text:PDF
GTID:2166330335470922Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In 2008, the global financial crisis, caused by the U.S. subprime mortgage crisis, once again triggered people's thinking of financial products and regulation, catastrophic events resulting from excessive speculation in financial derivatives has led some people derivative"scared". Different people have different opinions about the reason, however, they come to the unity of response that it is imperative to reflect and perfect their OTC derivatives regulation. This paper made an analysis and comparison of legislation and practice towards derivative financial products among countries according to China's current situation, then finally put forward some specific strategies to perfect the regulatory management of OTC of China's financial derivative products. The framework of the article is as follows:The first chapter, the basic theory of the legal regulation of financial products over the counter system, defines the financial derivatives, OTC and other concepts, outlines the risks of OTC financial products and explores the theoretical basis of the establishment of OTC financial products for the legal system monitoring.The second chapter reviews the development process of China's OTC market financial products, meanwhile analyzes the current situation of monitoring and points out its regulatory defects, including legislative issues, ambiguous distribution of government regulation, the feedback of self-regulation, and finally put forward the goals of the OTC derivatives market.The third chapter analyzes OTC derivatives regulation legislation and practice of different countries, including the U.S., Britain, Japan, Singapore, summarizes the common features of various regulatory models and finally draws on the Enlightenment towards China.Finally, the paper proposes the specific strategies of the telecommunications industry to perfect the legal system of regulation of specific measures:①the monitoring of government regulation as leadership, the monitoring of trade association as the main body, and the monitoring of the social intermediary organizations as complement;②the specification of six principles about monitoring derivative financial markets, including clear regulatory responsibilities, comprehensive regulatory responsibilities, accessible monitoring information, cooperative regulatory organization, standard regulatory process and regulatory self-restraint;③the perfection of the legal system about the monitoring of OTC financial derivatives products from the perspectives of the OTC derivatives market access, derivatives transaction risk monitoring, regulatory agencies, industry self-monitoring and market exit;④the establishment of cross-border to strengthen the OTC financial products with the purpose of reducing and resolving the risks of global financial derivative market.
Keywords/Search Tags:financial derivatives, OTC, Financial Risk Management, Regulation of financial derivatives
PDF Full Text Request
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