Study On Financial Derivative Products' Legal Supervision Based On The Financial Crisis

The financial crisis which engulfed the whole world in year of 2008 has greatly shocked both the world's substantial economy and the financial market. To investigate the reason of its explosion, the U.S.A. government didn't supervise the financial derivative products in place and the innovation speed of it had an unreasonable expand. All of these lead to the high risk of financial derivative products and its clipping transmit and which influenced the prosperous of the whole financial market. This article chose the American financial crisis as a point of penetration and pointed out that the reason of its explosion was the lack of legal supervision. Chapter two emphasize on the analysis of financial derivative products'supervision necessity based on the background of financial crisis. On one side this article analysis the high risks of financial derivative products combined with the influence of financial crisis to the U.S.A. On the other side this article stressed the circumvention of the negative influence of financial derivative products. To connect the internationalization of financial derivative products, this article talked about the whole necessity. Chapter three discussed U.S.A., from which the financial crisis began and analysis the legal supervision system in three different sides, which are government, self-discipline organization and bourse. From the macroscopic and microscopic aspects, the chapter analyzed its legal supervision long-standing problems and gave out some points about reference to our country's current legal supervision system. Chapter four mainly talked about the situation in our country, including the current situation of both legislation and legal system. This chapter distinctly focused on the problems and malpractices in our country's financial derivative products in different angles. Chapter five, as the ending of the whole article, mainly stressed the revolution basic routes in our country's financial derivative products based on the American financial crisis in four different fields. The article planed in the perfection of legislation, the evolution of legislation mode, the risks internal control institution and international corporation. Especially the author put forward the supervision mode which is progressively developing with a central institution and several levels might be benefit for the legal supervision of our country's financial derivative products.