Legal Research Of Supervision On Financial Derivative Markets

Financial Derivative is the high tech products from global financial innovation tide wave during the 1970s and 1980s. It is a new sort of financial tool derivate upon traditional financial products, such as currency, stock, bond etc. Financial derivative has great risk caused by its leveraged, future and dummy characteristics. The economy of one nation or even whole world will be greatly influenced and damaged if it is not properly used or not strictly managed. Upon this, every nation's financial supervision departments always put the control of financial derivatives as a new study task. Although every nation has different academic dispute ideas for financial derivative markets control system, they all have commons that this market should be controlled and supervised. This will create the trend of international, interior and vitrification.This passage reviews the supervision law system of different nations for the financial derivatives markets. The domestic supervision molds can be divided into American, Britain and HongKong parts, which are most representative. Government, exchange and industry self-discipline supervision systems are three controlled departments. The global common agreed supervision systems have not been achieved. However, International Clearing Bank, Basel Committee, International Security League, International Accountant Rule Committee and Europe Union organizations take some important international actions. As a reference of other nations and global supervision systems, the author of this passage attempts to set up the financial derivatives markets control system of our country. The financial derivative market control system of our country should include the principle of market supervision and harmony development. Based upon above mentioned points, combined with current immature financial markets and law system, our market should use American three manage systems, those are macroscopical control by government, industry self-discipline supervision systems, and exchange supervision system. Meanwhile, our control ways should be more integrated, and more criteria of exchange process. The lay systems will be included, market admittance, exchange agreement, financial derivatives supervision, market quit, international supervision cooperation and others.