Chinese Foreign-related Financial Derivatives Trading Regulatory Defects And Their Legal Problems

The global financial crisis of 2008 is essentially a crisis triggered by financial derivatives transactions.The impact of the crisis on one country is conducted primarily through cross-border financial derivatives transactions.Therefore, a sound regulatory and supervisory regime of one country on cross-border financial derivatives transactions is the solid legal barrier of the country for resisting financial crisis and defending against financial risks.Based on the existing regulations and provisions, this thesis firstly introduces Chinese regulatory regime on cross-border financial derivatives transactions and briefly comments on its overall flaws.Then, taking into account the experiences and lessons of developed countries in this area and relevant cases and practices in China, it goes on to discuss in more detail the regulatory flaws and legal problems existing in the current regulatory regime on cross-border financial derivatives transactions (especially those over-the-counter transactions) conducted by Chinese domestic financial institutions, non-financial enterprises, individuals, governmental agencies and sovereign wealth funds respectively. Finally, it gives some thoughts and recommendations as to consummation of Chinese regulatory regime and legal framework for cross-border financial derivatives transactions.