Research On Legal Issues Concerning The Identification Of Illegal Futures Trading On Bulk Commodity Trading Platforms

Commodity trading platform is our spot trading place,has always organized production,regulating price,hedging functions,has an obvious role in the development of Chinese economy,but due to the lag of law,supervision is not in place,in recent years more and more commodity trading platform without the approval of The State Council called spot trading with futures trading mechanism.For a time,such futures trading was prevalent and excessive speculation emerged one after another.The first chapter introduces four cases of illegal futures trading on commodity trading platforms,and analyzes the common focus of disputes in these cases: first,the identification standard of illegal futures trading objections;Second,the illegal futures trading identification procedure objection;Third,the role of the commodity trading platform in illegal futures trading disputes;Fourth,whether illegal futures trading to illegal futures trading by analyzing the dispute focus of the case.First of all,the concept of commodity trading platform,concept of commodity trading,concept of illegal futures trading and legal issues are summarized.Based on this,thoughts are triggered on illegal futures trading platform of commodity trading,and the identification standards of illegal futures trading are fuzzy and the subject of identification is controversial.The specific causes of several problems of identification procedure objection and the role positioning of the commodity trading platform in illegal futures trading are analyzed.At the same time,the law should be adopted to regulate the illegal futures trading of the commodity trading platform.The third chapter mainly puts forward suggestions to improve the above problems.Firstly,it clarifies the applicable basis of the identification standard of illegal futures trading,which should be based on objective elements,supplemented by formal elements,and mainly take physical delivery rate as the purpose of determining trading.Secondly,it is clear that judicial determination is authoritative,and the court exercises judicial power independently according to law without interference from administrative organs.However,it affirms the validity and reference value of administrative determination opinions,but it is not the pre-procedure of judicial determination.At the same time,the judgment standard of the role positioning of trading platform is clarified again,and finally,through the elaboration of criminal law regulations,so that the bulk commodity trading platform can innovate and develop and illegal futures trading can be fully regulated.