Financial Derivatives Markets Legal Regulation And Oversight

Along with the further development of financial globalization, financial derivatives because its itself is the flexibility and diversity, leverage by all countries' characteristics, and enthusiasts in a geometric magnified situation multiply. To face its enormous impetuses of economic prosperity, countries are actively engaged in the development of derivatives wave. But, in 2007 the U.S. subprime crisis triggered by the global financial crisis, again for us was a wake-up call, face has the high risk of derivatives market, how to formulate relevant laws and regulations and supervision system, avoid its negative influence, become China's development is the key to the derivatives markets.This paper first chapter, is mainly to the financial derivatives theory research and general interpretation of the financial derivatives development history and trend, fully explain financial derivatives complexity and risk, and its rapid, strong momentum of development. The second chapter, from financial derivatives risk factors of legal workers Angle, concretely analyzed exchange-traded derivatives markets and "over-the-counter" derivatives market risk causes, and proposed to the financial derivatives markets to control risk's baseless requirements. Chapter 3, widely lessons from the financial derivatives markets more developed countries in this issue legal regulation experience and regulatory experience. The fourth chapter is discussed in this paper and innovation on the foreign key, in this respect, combining the experience in legislation from the situation of our country and practice, and puts forward the derivatives market when legal regulating five legislative principles, namely "first legislation, offered by market, after the endogenous rules as the guidance, on safety grounds encourage innovation, make the financial derivatives exchange act," and "the financial derivatives markets lass, planning derivatives emergency reflect mechanism. And, careful analysis the derivatives market legislation needs the focus problem, puts forward the derivatives market "three-fair principles", namely "equitable principles embodied in the admittance system to the market main body of limits on fair; "Justice principle" is mainly embodied in the protection of the legitimate speculation of arbitrage; "Openness" embodied in the information disclosure and the traditional information disclosure system is different. The fifth chapter is also discussed in this paper and innovation important chapters, in to our country derivatives existing regulatory conditions on the basis of analysis, puts forward the derivatives market demand, namely from three aspects the company's internal control regulation, external control regulation, and international cooperation, make great efforts to perfect regulatory three aspects in derivatives market oversight.