Study On Legal Supervision Of Derivative Financial Instruments In China

Since the seventies of the 20th century, trade of the derivative financial instruments is an innovative activity as the core that the most noticeable one in the financial field. With the developing of financial liberalization and globalizing, the derivative financial instruments market grows up rapidly, but the corresponding legal supervision is far from keeping up with it. It not only makes derivative financial instruments difficult to bring into play its function but also makes security and stability of global financial circles threatened because its negative influence is unable to suppress . The outburst of a series of risk incidents related to derivative financial instruments, beat the alarm bell which the supervises authorities again and again, the great subjects which is how to set up the effective legal supervision system of derivative financial instruments become demanding prompt solution in finance and law field of countries all over the world.In China, the development of derivative financial instruments market is still in the state of dropping behind and stagnancy, no matter developing scale or on the development level, all extremely unbecoming with the Chinese development of economy and society. Under this kind of background, in order to take precautions against the financial risk of derivative financial instruments, safeguard the stability of the financial market, and use for international experience timely and properly has importance value and meaning of practice of theory for design the whole Chinese derivatives legal supervision frame. This paper select and adopt the method that the theory is analyzed and relatively studies, proceed from actual conditions of China, use for the successful experience about the legal supervision in the world, and carry on beneficial exploration to the construction of the legal supervision system of derivative financial instruments in China.The essay is divided into four parts:The first part start with from analyze the legal supervision theory of the derivative financial instruments, define the derivative financial instruments and the risk clearly, and classify and analyzes its characteristic and function. Analyzed the theoretical foundation to the derivative financial instruments in terms of the finance and law at the same time, established the legal supervision goal and the foundation that understand correctly the legal supervision measure.The second part has explain the legal supervision current situation of the derivative...