Legal Research On Risk Control Of Securities Margin Trading In China

Our country has carried out an important financial institution innovation that establishing the Margin Trading system by referring to the experience of the securities markets of the developed countries or regions. It is broadly adopted in the developed countries or regions'securities markets as a means of credit trading. Meanwhile, it is also an important sign of the mature capital market. Margin Trading is a double-edged sword, It will enlarge the opportunity and risk at the same time: On the one hand, it can produce some positive effects such as improving market liquidity, buffering market volatility, forming reasonable prices, hedging the risks and making profits for the brokers. On the other hand, it is able to produce some negative effects such as increasing risk and speculation of the securities transactions too. Therefore, Strengthening the risk control of the Margin Trading is essential to the safety and health development of the Securities market or even the whole financial system.This article is divided into five parts: The first part, the theoretical basis of the risk control of the Margin Trading. This section will give a detailed analysis of the connotation, basic function, transaction risk and its manifestations, and the necessity of the risk control of the Margin Trading. The second part, the history of the risk control Legislation of the Margin Trading in China. This section will introduce the history of the risk control Legislation of the Margin Trading in China by stages. The third part, risk control Legislation of the developed countries or regions. In order to find some specific targets for draw, this section will analyze and summarize the characteristics and successful experience of The United States, Japan and China's Taiwan region briefly. The fourth part, the analysis of the current risk control Legislation of the Margin Trading of China. In order to find out the possible flaws and shortcomings, this section will analyze the current risk control Legislation of the Margin Trading of China in depth. The fifth part, the perfecting of the risk control Legislation of the Margin Trading in China. Based on the above four parts, this section will put forward some countermeasures on improving the risk control Legislation of the Margin Trading in China.Overall, the basic idea of this paper is that starting from the theoretical basis of the risk control of the Margin Trading, referring to the successful experience of the Margin Trading of the developed countries or regions, and combing the characteristics of our securities market, analyzing the current risk control Legislation of the Margin Trading of China from the perspective of empirical study and comparison method, finding out the possible flaws and shortcomings, putting forward some countermeasures on improving the risk control Legislation of the Margin Trading in China, hoping that it will contribute to the development of the Margin Trading in China and the safety, health development of our securities market.