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Research on Legal System of Margin Guarantee in China

Author: ChenZhiQiang
Tutor: GuanBin
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Margin Risk To the guarantee Trust
CLC: D922.28
Type: Master's thesis
Year: 2011
Downloads: 41
Quote: 0
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Abstract


In 2010, he was called the short first year of the Chinese mainland. This year, margin trading, stock index futures to the stage of history, the stock market bid farewell to unilateral market. Margin trading in China has experienced the process from scratch and then ban, the last legitimate law to promote the system. Margin secured transactions itself to do more with the short trading rules to improve the stock market price formation mechanism, to find the true value of securities contributed to and communicate with the capital markets and securities markets. Risk and transactions always attendant, margin trading in the country as a new transaction risk control issues seem particularly important. Coping regulatory risk is nothing more than most countries in the world for the supervision of financial innovation are severe. Especially for new things. From the experience of most developed countries have a strict easing the process. The ability to guarantee system is from the system level to reduce and prevent risks. The margin expanded bargaining chip, with a certain degree of financial leverage effect, and its essence is to enlarge the financial risk. Margin guarantee system, turn on a country's investor protection is particularly important for the development of the securities market. Most of the developed countries of Europe and the United States and other financial, let and secured mode. Let is obvious, on the one hand, with the advantage of guaranteed margin collateral function has been the greatest play. Facilitation of the other hand to the guarantee, and save a lot of cost. Special Japanese margin trading, specialized securities finance company set up to provide support and facilities for margin trading. Japan adopted a centralized credit model securities companies and banks, in the process of margin trading business, securities and financial isolate. Financial securities with a semi-official nature, monopolistic in nature. This can inhibit the effectiveness of the margin doubled. Taiwan introduced a centralized credit model from Japan to adopt a dual-track system of credit. Topic of margin market investors, securities companies, securities finance company, to form a dual-channel between them. For its own account the margin trading business of securities companies, they can only assume the role of an agent. Margin legal relationship is that investors and securities finance company signed a contract. Their own margin trading business of securities companies and investors constitute the margin trading, when the lack of funds or securities to securities finance companies refinancing. Hong Kong largely Anglo-American mode dispersion credit. Many systems are exactly the same with the Anglo-American. Mainland China in 2010, the official launch of margin trading. China's \But does not fully using some kind of system, but we hope to create a new system by absorbing the advantages of both. Conflict of this system of innovation with our current guarantee system. To the guarantees of the lack of support of the upper law. China's Trust Law requires the express trust so build trust system do not match. Simple to use so that the guarantee system build margin secured legal system in China is a major challenge for the civil law tradition. The framework of our legal system should make drastic corrections and legislation. Trust system based the build margin guarantees legal system, require the introduction of China does not recognize the Universal Declaration of Trust. Account Pledge and the maximum amount pledged doctrine domestic scholars have proposed a new solution to the current plight of the margin trading guarantees legal system. Itself all fit at the margin trading system, which system is constructed with minimum risk, the most suitable for China's national conditions is the main objective of this writing. Fully absorb and learn from the developed countries, the successful experience of the contrast and abroad margin trading guarantee system based on rationalization proposals.

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CLC: > Political, legal > Legal > Chinese law > Financial Law
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