The Research On Legal Supervision On Financial Deriva Tives In China

Financial derivatives is a new thing, is getting into our lives. However, based onthe risk attributes of financial derivatives to strengthen the legal and regulatory natureis the proper meaning. To this end, the author through literature analysis, inductiveand deductive system of legal supervision of financial derivatives, and learn from thegood experiences and practices of international organizations and developed countriesor regions, and finally put forward countermeasures to improve the legal andregulatory measures, and sincerely hope to be able to put into practice, to the force ofthe "12th five-Year financial fortune during the development of a major reform of thelegal system to build and scientific progress.The first part of this article, on the concept of financial derivatives, the legalnature of the type, nature; financial derivatives and legal characteristics; strengthenmacroscopic and microscopic analysis of the financial derivatives regulatory necessitybelow study laid a solid foundation.The second part of this paper is the current situation and existing problems oflegal regulation of financial derivatives from the point of view of the regulatoryapproach, regulatory body, regulatory and legal norms, and a comprehensive look.Generally speaking, our country have done a lot of work in the legal regulation offinancial derivatives, the implementation of more stringent government regulation, butthe pros and cons, requires a combination of economic and social development situation and continuous improvement.The third part of this article, emphasis on the experience of internationalorganizations and developed countries or regions in the legal and regulatory aspects offinancial derivatives, in particular, is regulatory philosophy and attaches greatimportance to the self-regulatory, China has strong significance.In the fourth part, presented the policies and measures to strengthen the legalregulation of financial derivatives in China; is necessary to further establish thedominance of government regulation, from the current sub-sector regulatory approachto the mixed supervision mode; second is to clear the financial unified the main modeof derivative products regulated on the basis of strengthening the Exchangeself-regulation and self-regulation of industry associations; third is to improve thesupervision of financial derivatives laws and regulations, including financialderivatives, regulatory law and Futures Act legislation of,"Company Law","Bankruptcy Law" and other laws and revise, improve accounting, taxation, and creditrating system, so that the legal regulation of financial derivatives in China, are betterable to adapt to the scientific development of financial derivatives currently in theascendant. After all, the legal system as a superstructure, its ultimate value willinevitably reflected in the promotion of productivity or economic base, and only fromthe legal system of supervision of financial derivatives regulation, in order to add thepositive energy of the development of China’s financial industry and the promotion ofeconomic development and social progress to push.