| With the popularization and development of the margin trading system in our country, the legal system of margin trading in our country has become more perfect. Our country Promulgate a multi-level legal normative documents. This article starts from the analysis of principle of margin trading Legal Regulation, on the basis of the basic concept of margin trading and risk analysis, described the basis of the jurisprudence of legal regulation of margin trading according to the value of the principle of rank, and public order and good morals principle. Subsequently endorsed by the systems analysis and comparative law analysis method, studied in detail the content of the margin trading system of legal regulation, systematically analyze the legal norms of the five dimensions of the different legal order of the laws, administrative regulations, departmental rules and regulations, self-regulatory rules and other institutional rules; analyze the main body of the margin trading, margin system, margin trading limits, price transactions, and forced liquidation by market access, market operation and market exit. Sure of margin trading Legal regulation system has been basically complete, but there are still inadequacies, such as the legal nature of the securities finance company is not clear, narrow market participants, the legal concept of chaos, the regulatory powers unreasonable allocation, lack of legal responsibility on the basis of the principle and content analysis. Then put forward corresponding countermeasures and suggestions. Such as the legal regulation of the securities of financial companies should be legislation to improve the legal position of authority, to improve the legal system of commercial banks and other financial institutions involved in margin trading as soon as possible, the exercise of the power to control the margin ratio and margin interest rates by the central bank unified, introduced with the concept of guaranteed, increase the establishment of relevant criminal legislation. |
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