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The Legal Logic of the Derivatives Market——Six Issues on the Legislation of“Law on Futures”
Pages: 19-23+42
Year: Issue:  4
Journal: Xi'an Finance

Keyword:  law on futuresderivativeslegal value;
Abstract: The derivatives contracts on the nature belongs to contracts, and should also be adjusted by Contract Law. But when balancing the free value and the fair and justice value, full consideration should be given to its aleatory. From the contract to the market, the legal regulation of the derivatives contracts changes from the linear equilibrium of binary value of freedom and justice to the three-dimensional balance among four aspects such as safety, efficiency, freedom and justice. In the process of legislation of"Law on Futures", responses should be made on legislation purpose, OTC(over the counter) derivatives adjustment, derivatives listed, forced underweight, position limits, investors qualification etc. on the basis of these four legislative value system.
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