The Analysis On Invalid Regulatory Of Commercial Banking's Financial Derivatives Deals And The Regulatory's Strategy Design

Financial liberalization and financial integration of the global economy is characterized by the background of the financial markets has highlighted the economic system at the importance of the stability of financial markets to be a core element in economic development. Financial system to protect the healthy development of the financial foundation of the system, its importance Needless to say, as a vibrant financial innovation, financial reality with each passing day, showing a high-speed, state-like sustainable development, and with echoes of the system because of the experience on the lag, and progress often do not fit the rhythm, as the superstructure of the financial system, only to adopt an open structure of the system through the continuous updating and fine-tuning in order to chase up the pace of financial development, so on this point of view , the financial system can be said to be eternal Financial Law of the ultimate issue is not easy.Financial regulation as a means to stabilize the financial order of the institutional arrangements, in response to the process of financial liberalization had a tendency to deregulation, but the process of deregulation has a passive, financial innovations are frequent breakthroughs of financial supervision, resulting in the business of restrictive measures exist in name only upset and the financial sector has been the evolution of business model shows the trajectory of institutional change. Financial innovations are the inevitable market development, financial supervision and development are echoed on the market, innovation and regulatory objective of the dynamic game on reform of the financial system requirements as the regulatory system should be the core of development.Economic globalization at the sound of the call, bear the brunt of financial integration. Characterized by openness in the financial integration process to dilute the national boundaries, the promotion of international finance capital, for economic prosperity on the one hand, provides a stable financial support for countries in the world to rush the introduction of foreign capital; on the other hand, for the outbreak of an international planted hidden financial crisis. 20th century 90's, a global outbreak of regional frequently to see reflected in the financial crisis. In 2007 the United States subprime mortgage market crisis caused turmoil in global financial markets, reflecting the modern financial system and the vulnerability of the financial crisis in the global economy no country can atmosphere alone.The United States sub-loan crisis is caused by financial derivatives. Derivatives are financial end of the 20th century master of technology, its unique high-performance risk control technology reduces business risk. The liquidity of an alternative technology to build extremely enriched the market, but also for speculation provided the ultimate weapon. The mobility of the market doing so well, safe and efficient mechanism to resolve the risk, high-speed economic growth to such factors as the size of bank credit expansion, but growth in the scale does not follow the traditional sound, but set up the layers of credit standards at the retreat up, into a "drinking poison to quench thirst," the cycle. Beginning of market speculation, the weakening of credit standards that finally led to the outbreak of the crisis. Learn from its mistakes, people began to re-examine the financial derivatives: efforts are suffering from endless "nuclear" or the benefit of ten thousand generations of "new energy"?Facing the crisis, once again the importance of financial supervision has been elevated to the global level, as a theoretical basis for financial supervision by the Financial Law was a significant study. I believe that crisis is not only necessary to deal with the wisdom of economists and jurists of the strategy required. Therefore, this paper, Law and Economics research methods, through the regulation of financial derivatives banking failure analysis, with a view to improving the supervision of the banking financial derivatives strategy design. Article is divided into four parts, first of all through the presentation of an overview of financial derivatives, understanding of the study; Secondly, by introducing the basic framework of financial regulation, pointing out that the United States sub-loan crisis is the root cause of the current financial regulatory framework in the regulation of financial derivatives do not fit; again, through the analysis of financial derivatives the reasons for regulatory failure, pointing out that regulation of financial derivatives banking crux of misconduct; Finally, the banking sector to improve supervision of financial derivatives arrangement ideas and strategies.