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期货交易是与现货交易相对的一种市场交易。期货交易买空卖空的性质,特殊的转移风险的功能决定了期货交易法律关系远比现货交易法律关系要复杂得多。从广义上来说,期货交易法律关系应该包括期货交易所会员之间在交易所中发生的交易关系、会员与其客户之间的交易代理关系、会员与期货交易所的管理、服务关系以及期货结算机构与会员之间的结算、担保关系等。本文所指的期货交易法律关系是从狭义的角度来讲的,仅指期货交易所会员之间在交易所中发生的交易关系。应该说,这是整个期货交易的核心。
Futures trading is a relative market transactions with spot trading. The nature of the short selling of futures trading, the special function of the transfer risk determines the legal relationship of futures trading far more complicated than the legal relationship of spot transactions. Broadly speaking, the legal relationship of futures trading should include the trading relationships between futures exchange members that occur on the exchange, the trading agency relationships between members and their clients, the management of member and futures exchanges, the service relations, and the futures clearing house With members of the settlement, guarantee relations and so on. The legal relationship of futures trading in this article refers to narrowly speaking, only refers to the trading relationship between futures exchange members in the exchange. It should be said that this is the core of the entire futures exchange.