Legal Research On Guarantee System Of Margin Trading

In2010, China opened market for margin trading, margin trading business get some results after operating for three years,but the margin trading guarantee mechanism patterns still exist in considerable controversy. Discovering margin trading guarantee path which in line with our national conditions that the development of securities market is not yet mature, eliminate margin trading guarantee system conflicts with existing laws, Is to balance the companies, customers, third party’s interests, further active securities market’s inevitable requirement.The first part, we introduces the basic issues of margin trading guarantees. First, a brief review of the course about margin trading system in China. Secondly, a clear elaborate margin trading guarantee system operation and management. from margin trading guarantees processes, regulatory tools margin ratio proceed.This second part, we comprehensive analysis of the legal guarantee of margin trading relationships and the legal nature of margin guarantees. From the transaction, we study the subject of content, object, analysis of the legal relationship characteristics In-depth analysis of the legal nature of margin guarantees, reached the conclusions that the nature of margin trading is to guarantee and warranty.The third part of this paper describes the margin trading guarantee system Legal Dilemma. Guarantee for the legal system in our country there is missing. In addition, our security system confrontation with the margin "property law","security law","Trust Law".The fourth part is the perfect margin trading guarantees legal system. First, the introduction of other countries and regions margin guarantee mechanisms experiences. put forward a sound guarantee of the path of margin trading ideas in four paths chosen based on China,to build our country and guarantee mechanisms guarantee margin trading system.