The Nature And Legal Responsibility Of Futures Overdraft Trading

In our country, with the development of economy, futures market is in fast risingstage, all kinds of transaction disputes come one after another, and in these disputes,because futures overdraft trading is the most complex, laws and regulations toregulate the most general, so the resulting from the futures overdraft trading disputesoften not uniform objective judgment. This paper takes Shanghai CIFCO futuresbrokerage Co. v. Huang Xilun futures overdraft trading case as an example, to analyzethe nature of futures overdraft trading, illegal conduct research and rationality fromtwo aspects, clear futures overdraft trading responsibility, try to draw a feasible legaldisputes overdraft futures transaction processing in the actual operation, so as to makefair, rigorous scientific decision in the laws and regulations under the guidance of.Overdraft transaction as a form of transaction market emerging, in its essence, isa kind of credit overdraft. China’s futures market has developed rapidly, but is still inthe immature stage, if vigorously encourage this credit will seriously affect thestability and harmony of our futures market, but at the same time, we also must see,the financing securities loan behavior overdraft transactions in the play the maximumutilization of funds, promote the degree of market activity, and this effect is also thereason why we cannot fully strictly prohibited overdraft transaction.Therefore, it is to find a scientific treatment of futures overdraft trading methodis very important. Based on the actual case study and analysis of the deduced theirconclusion, namely futures overdraft trading because of the particularity of futuresmarket should distinguish the different situation different consequences for differentdispute adjudication, opening overdraft, overdraft positions, consensual, nonconsensual overdraft produce legal consequences are not the same, if all unifiedmodel treatment must not be truly fair. Only explore the scientific method, can effectively guarantee the normal operation of the futures market, improve theefficiency of dispute settlement between the investor and the Futures Company,maintenance, futures exchange, equal rights, the promotion of China’s financialmarket fast, stable, healthy development, attract more investors worry is pumpingmoney into the market, to achieve a win-win situation in the law the specification andguarantee.The research results of this thesis aims for the future overdraft futures transactionlegal disputes provide decision reference, hope can through their own words, makecontribution for the standard system of futures market in china.