论文部分内容阅读
随着商品经济的发展,市场机制的三大构成要素:供求、竞争、价格,越发显著地受着价值规律和供求规律的影响,以致商品的交易方式,也由一般的现货交易、远期交易,发展出现了期货交易、期权交易。一时间,“炒期货”、“炒期权”便成为人们继炒股票、炒房地产之后的又一大经济热门。特别是期权,它不再具有“用来交换的劳动产品”这一一般“商品”的意义,而表现为一种有价的、绝对的权利。法学的基本原则是:权利和义务关系总是对等的;而期权一旦炒得后,期权的得主就只拥有或买或卖某种商品(期权合约议定的标购或标售商品。以下同此义)的权利。却不承担必买必卖某种商品的义务。期权,成为不承担义务的权利,果真如此吗?笔者将透过期权交易在经济学中的现象,探讨一下其法学的本质。
With the development of the commodity economy, the three major elements of the market mechanism: supply and demand, competition, and price are increasingly and significantly influenced by the law of value and the law of supply and demand, resulting in the transaction of goods, and also the general spot trading and forward trading. Development of futures trading and options trading. For a time, “fried futures” and “fry options” have become another major economic hotspot after people’s stock speculation and real estate speculation. In particular, the option, it no longer has the meaning of the general “goods” used for the exchange of labor products, but is expressed as a valuable, absolute right. The basic principle of jurisprudence is that the relationship between rights and obligations is always equivalence; and once the options are scrambled, the winners of the options will only own or buy or sell a certain commodity (the option contract negotiates the purchase or sale of goods. The following Right). It does not assume the obligation to buy certain goods. The option becomes the right not to bear the obligation. If so, the author will explore the nature of the law through the phenomenon of option trading in economics.