英美法系的衍生工具交易商法律制度

On the Legal System of Derivatives Dealer in Common Law System

场外金融衍生工具交易是当今全球金融业务的重要组成部分。发展我国场外金融衍生工具交易需要充分的制度支持。本文从成文法的视角细致地考察了英美法对场外交易商的规范制度,研究了英美法在金融创新中的重要作用,探讨了交易商的义务、责任和公共秩序方面的制约,深化了相关领域的研究成果。

OTC derivative transaction, which is one of the most important paits in global finance, plays a crucial role in drafting future pictures of Chinese finance. Besides techniques and experts demanding, law and regulation that decides the rights and responsibilities between dealers and end-users is called for. The writer gives more delicate research in Anglo-Saxon law over OTC derivatives transaction in series, including this one about OTC derivatives dealers. Careful research of duty, responsibility and policy of the OTC dealers has been done in a point of statute law view, that is amazing and helpful for consideration of drafting future law in China.