Legal Study On The System Of Financing Securities

The financing securities, as one of the mature systems in securities trades, whose way is vital has broadly used by all countries and areas in the world. Our continent has not carried out the stage works until in 2006. As a brand-new creature, the financing securities is not only been defined by the law, but also needs to be organically combined with other available legal systems. The system, therefore, which is studied from a law angle, has a very important significance.Base on the fundamental theories on civil and commercial law, the article searches the related writing in recent years home and aboard to study on the financing securities, by way of comparative and reasoning analysis, which aims at defining the system as well as providing great advices for the present stage laws and statutes.Except for the foreword and concluding remarks, the main body of the article, which contains more than 30,000 characters, has six parts.For Partâ… is "the summarization on the financing securities ". This part summarizes the connotation, function, target object of financing securities, defining that its essence is one kind of borrowing legal relationships, and the contract is special for lent person's leading factor and continuing nature as well.For Partâ…¡is "the main body of the financing securities ". This part, firstly, makes an comparative analysis on the selected way of the lent person from the three patterns of USA, Japan and Taiwan area for financing securities to define the lent person in our continent ,and then, discuss the condition on security companies and investors carrying out or participating in the business.For Partâ…¢is "the examination and implementation of the business instruction ". This part analyzes the requirements which investors applying for business instruction ought to meet, timeliness examinations which security companies bear naturally, and problems on the implementation of the business instruction as well.For Partâ…£is "the debt repay for the financing securities ". This part, firstly, defines the debt sums by analyzing the debt's range and time limit, and then, discusses the way of repay and the relationships between the debt repay and termination respectively.For Partâ…¤is "the guarantee of the financing securities ". This part, firstly, classifies the guarantee of the financing securities, and then, defines that it is one kind of trust aimed at supporting guarantee ,which is not typically a guarantee though, finally, analyzes the trust establishment ,the administration and action of the trust property according to trust theories, and discuss the system of share management, maintenance margin and forced open.For Partâ…¥is "rights and interests' attribution in the financing securities ". This part essentially discusses the problem on whom the rights and interests' under the securities attribute to. Since there are lots of differences between shot buying and short selling, considering the forbidden regulations on the range of borrowing target object in the stage-work time, the article, firstly, analyzes the attribution in shot buying and short selling, and then, discusses the attribution in the financing securities in considering of the third person.Since the financing securities system is a brand new one in our continent's stock market, the article the main body of a book depend on the theories, the careless mistake studying the data collect waits for aspect to esteem existence comparatively. Hope that the teacher and schoolmate criticism make a comment!...