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金融衍生产品交易法制建设经历了从试探性地允许,到严格限制甚至禁止,直至迫于形势发展的需要,支持或鼓励其发展的历程。但由于历史和法制建设经验不足的原因,金融衍生产品交易法制建设还存在禁止、限制倾向明显,法制的层级低,效力差,缺乏前瞻性等问题,制约着金融衍生产品交易的发展。国家要尽快优化健全金融衍生产品交易的法制环境。
The construction of the legal system of financial derivative products has undergone a process of supporting or encouraging its development from the tentative permission to the strict restriction or even the prohibition until the need of situation development. However, due to the lack of historical and legal construction experience, there are still some problems in the legal system of financial derivative products, such as the prohibition, the obvious restriction tendency, the low level of the legal system, the poor effectiveness and the lack of forward-lookingness, which restrict the development of financial derivatives transactions. The state should optimize and perfect the legal environment for the trading of financial derivative products as soon as possible.