Research On The Issue Of Security Futures Contracts

Futures trading is a special type of transaction, a set of high-profit and high risk in a futures contract is the futures exchange signed between the two sides as equal civil subject the provisions of the agreement of the rights and obligations of both sides. In order to prevent and control high risk of futures trading, and maintain the stability of the futures market, the countries of the world have established a risk control system as the core set of futures margin. China since the inception of the futures market, and gradually establish a risk prevention and control system. Domestic scholars from the point of view of economic regulation, how to control futures trading risk a lot of discussion. However, most of these legislative and research only scattered provisions and discussion focused on the economic and regulatory perspective, neglected futures trading is a transaction between equal subjects, ignoring the futures contract law relationship is a civil law relationship, ignoring the angle from the civil carried out a study on the control of futures trading risk. By examining the measures for prevention and control of futures trading, we found that the prevention and control of futures trading is actually secured a futures contract the two sides to meet the performance. So we can from a civil point of view, the measures of prevention and control of futures trading risk integration, to create a new system of debt guarantees-futures contract guarantee system security law in China. The paper is divided into the basic theory of the futures contract guarantees, futures contracts secured by way of security of the futures contract guarantees the legislative thinking three chapters.The introductory section, the author introduces the topic of this article causes and basic writing ideas.The first chapter, the author studied the special theory of the futures contract guarantee system, the concept of radical reform of the futures contract, the futures contract guarantee system concept, the structure of the futures contract guarantees legal relationship and defined. Of the futures contract is a special contract, the futures contract guarantee is a special guarantees, it is necessary to define special concepts and theories in the futures contract guarantee system prior to the formal analysis of futures contracts guarantee.The second chapter analyzes the similarities and differences of the futures contract guarantees and the existing security system, and then analyze the similarities and differences between the futures contract secured in two by way of security and. Through the analysis of this chapter, the author pointed out that the existing system of guarantees can not overview of two of the futures contract guarantees by way of security features, and two by way of security of the futures contract guarantees should co-exist in the same guarantee system. Finally, I put forward the point of view of the establishment of a new futures contract guarantee system.The third chapter is the creation of composite futures contract guarantee system. I first overall framework of the system of the Second, the futures margin system included by way of security and futures exchanges or futures companies guarantee performance guarantee way system design. This article will discuss the futures contract guarantees the overall framework of the system due to the ability of the author, and more representative system thinking.