金融衍生产品监管制度分析-经济法学专业论文.docxVIP

第五部分作为本文的结论部分重点谈及设立宏观审慎监管机构，并明确其监 管目标和政策工具，从加强金融机构内部控制、完善衍生产品信息披露制度入手 完善微观审慎监管，优化衍生产品监管权力的配置，设计宏观审慎监管机构和微 观审慎监管机构的协调配合机制，最终在我国建立有机结合宏观和微观审慎监管 的金融衍生产品监管制度。 关键词：金融衍生产品；法律监管；制度 Abstract The risk of financial derivatives has feature of complexity, sudden, systematicness and transactions of high leverage, which severely affect on financial stability. Before the financial crisis, there were some problems, the emphasis on macro-prudential supervision of financial derivatives’ regulation was not enough, micro-prudential supervision was imperfect. After the crisis, the United States, Britain and other developed countries have carried out a radical reform for financial derivatives legal regulatory system. Although the development degree of financial derivatives in our country is still relatively low, financial derivatives has a great significance for Chinas financial sector deepening reform and opening wider. To catch up with developed countries’ financial industry, the financial derivatives is an important breakthrough. Therefore, regulation innovation of derivative products of China, from preventing systemic risk point of view to make derivative financial regulatory reform, so to establish a legal regulatory system laying equal stress on macro-prudential supervision and micro-prudential supervision becomes necessary. The first part makes a brief introduction of the financial derivatives, the legal property of financial derivatives is a contract, concluding three types, futures and forwards, options, swaps. Based on these basic types of financial derivatives, we can innovate unlimitedly. Takes CITIC Pacific event as example, describes how the risks of derivatives generate and result in losses to investors, as well as the event bring us to a correct understanding of the risk of derivative transactions, the important of establishing an effective internal control system and other lessons. The second part discusses the necessity of regulation of financial derivatives. On the one