| Financial derivative is a product of financial innovation in the last century. Springing up and developing very fast in the last 20 years in the international financial market, and also taking a very deep influence. With the process of China's finance internationalization, not only commercial banks but also corporations and individual are in face of more and more adventure and challenge. Demands of financial derivatives are increasing. But, because of the negative or prudent manner in China there is a lack of the interrelated laws. So, there is a great demand for researches on the law system about financial derives.Based on ISDA, this thesis integrates subjects of the finance and the law to analyze the legal problems in international financial derivatives, emphasizing international factor besides national.Section 1 is the basic introduction of financial derivatives. It introduces the origin and developing, main kinds, essential features and major legal attribute.Section 2 is the analysis of some legal problem on international financial derivative exchange. Considering the complexity and the strong"international characteristic"of the legal problem concerning international financial derivatives, the author introduces the authoritative ISDA and its protocol. Because of the important role and significance of the Close-out Netting and Credit Support in the international financial derivatives, this thesis makes basic judgments of the efficacy of them in the domestic law in the countries.Section 3 analyzes the main legal program of financial derivatives exchange in China, emphases on the inconsistencies in the bankruptcy law and the law of security.Section 4 explains and analyses the risks of financial derivatives, the means of risk management. It takes some suggestions for China to... |
