In the early morning of May 26, Xinhua News Agency was authorized to release the "Working Report of the Standing Committee of the National People's Congress (Abstract)" (referred to as "Report"). When elaborating the main tasks in the next stage, the "Report" puts forward the idea of strengthening legislation in important areas, enacting the Yangtze River Protection Law, the Rural Promotion Law, the Futures Law, and the Hainan Free Trade Port Law to promote high-quality development.
On November 30, 2019, Fang Xinghai, vice chairman of the China Securities Regulatory Commission (CSRC), said at the 15th China (Shenzhen) International Futures Conference: "The futures law that the industry has long awaited and is necessary for the development and opening of the futures market. It has been consulted by the state council and entered the legislative process of the National People's Congress." He also said that the CSRC is concentrating on steadily advancing the legislative work of the Futures Law.
In recent years, with the organization and promotion of the Finance Committee of the National People's Congress and the active cooperation of the China Securities Regulatory Commission, several drafts of the futures law have been formed. In 2020, relevant departments will adapt to new changes in the market on this basis, further promote relevant legislative research and draft improvement work, promptly submit to the Standing Committee of the National People's Congress for deliberation, and release it for implementation as soon as possible.
In fact, the new securities law implemented this year deletes the management methods of contract-type products (such as stock index futures) among securities derivatives, and expresses that relevant content will be included in the adjustment of the futures law. Relevant departments have been promoting the construction of the capital market legal system in a planned, step-by-step, and focused manner.
"At present, the community has formed a consensus on the necessity and urgency of legislation on the futures law." Hu Yuyue, director of the Institute of Securities and Futures of Beijing Technology and Business University, told the Futures Daily reporter that the launch of the futures law as soon as possible is conducive to fully affirm and further develop the futures market to find prices, hedge risks and exert other unique functions in serving the real economy.
Accelerating the development of futures law is the need to raise the legal level of the futures market. At present, the main legal basis of the futures market is the "Futures Trading Management Regulations", but according to the provisions of the Legislation Law, administrative regulations are difficult to deal with the basic civil legal relationships, civil legal liabilities and central counterparties involved in futures trading, termination of net settlement and other core derivatives transaction mechanism.
Accelerating the development of futures law is the need to promote the development of the futures market. With the development of China's economy and society, as well as meeting the risk management requirements of the diversification of the real economy, China's futures market innovation has vigorously flourished. The current "Regulations on the Management of Futures Trading" focuses on the adjustment of commodity futures trading, with less focus on financial futures, futures options, the opening of futures markets, and OTC derivatives trading. Accelerating the formulation of the futures law can provide legal protection for the development of the futures market in a timely manner. which will promote the futures market to play a role in more areas of the national economy.
Accelerating the formulation of the futures law is necessary to protect the legitimate rights and interests of futures investors. The risk of futures trading is high, and there are many individual investors in China's market, who need to be protected to a higher degree. To further clarify the rights and obligations of different players in the futures market, and to clarify the civil and administrative legal liabilities of different players, accelerating the formulation of a futures law will be of help to effectively protect the legitimate rights and interests of investors.
Wang Hongying, director of the China (Hong Kong) financial derivatives investment research institute, believes that the futures market is a rule-oriented market. The design of legal system is directly related to the improvement of market operation quality and the effective play of functions. The industry is eagerly looking forward to the early launch of the futures law.
Wang Yang, manager of financial futures department in Shenyin Wanguo futures research institute, said that, after nearly 30 years of development, the scale and efficiency of the futures market in China improved a lot. However, compared with the mature markets abroad, there are gaps in some aspects. One of the most important reasons is that the market based system is not perfect enough, such as industry basic law has not yet come.
In this year's national two sessions, representatives and members had a strong voice for speeding up the futures law. Jiang Yang, a member of the national committee of the Chinese people's political consultative conference (CPPCC) and former vice chairman of the China securities regulatory commission (CSRC), submitted proposals for the third year in a row, calling for accelerating the formulation of a futures law, promoting the standardized development of the futures market, protecting the legitimate rights and interests of futures investors, and accelerating the opening of the futures market to the outside world.
Liu Lei, a deputy to the National People's Congress and director of the Liaoning securities regulatory bureau, also submitted proposals to the two sessions this year to speed up the formulation of the futures law and coordinate with the new securities law. He suggested to consolidate the development achievements of China's futures market, and provide legal guarantee for the sustainable, stable and healthy development of the futures market.
期货法制定工作正在提速。
5月26日凌晨,新华社受权发布《全国人民代表大会常务委员会工作报告(摘要)》(简称《报告》)。《报告》在阐述今后一个阶段的主要任务时提出,加强重要领域立法,围绕推动高质量发展,制定长江保护法、乡村振兴促进法、期货法、海南自由贸易港法。
2019年11月30日,中国证监会副主席方星海在第十五届中国(深圳)国际期货大会上表示:“业界盼望已久、也是期货市场发展和开放所必需的期货法,已经征求完国务院意见,进入了全国人大的立法程序。”他同时表示,证监会正集中精力把期货法的立法工作稳步向前推进。
近年来,在全国人大财经委的组织推动和中国证监会的积极配合下,期货法草案已形成数稿。2020年,有关部门将在此基础上,适应市场新变化,进一步推动开展相关立法调研和草案完善工作,及时提请全国人大常委会审议,早日发布实施。
事实上,今年施行的新证券法,删去其中证券衍生品种中契约型品种(如股指期货)的管理办法,并明示相关内容将纳入期货法调整。有关部门一直在有计划、有步骤、有重点地推进资本市场法律体系建设。
“目前,社会各界对期货法立法的必要性和紧迫性已经形成共识。”北京工商大学证券期货研究所所长胡俞越告诉期货日报记者,尽快推出期货法有利于充分肯定和进一步发挥期货市场发现价格、对冲风险等期货市场服务实体经济的特有功能。
加快推动制定期货法是提升期货市场法律层级的需要。当前,期货市场的主要法律依据是《期货交易管理条例》,但按照立法法规定,行政法规难以对期货交易涉及的基本民事法律关系、民事法律责任以及中央对手方、终止净额结算等衍生品核心交易机制,作出必要安排。
加快推动制定期货法是推动期货市场发展的需要。随着我国经济社会的发展,满足实体经济多样化的风险管理要求,我国期货市场创新焕发出勃勃生机。现行《期货交易管理条例》重在调整商品期货场内交易,在金融期货、期货期权、期货市场对外开放、场外衍生品交易等方面涉及较少。加快制定期货法,及时为期货市场发展提供法律保障,有利于促进期货市场在国民经济更多领域发挥作用。
加快推动制定期货法是保障期货投资者合法权益的需要。期货交易风险较高,我国市场个人投资者较多,需要给予更高程度的保护。加快制定期货法,进一步明确期货市场不同主体之间的权利、义务,厘清不同主体的民事、行政法律责任,有利于切实保障投资者的合法权益。
中国(香港)金融衍生品投资研究院院长王红英认为,期货市场是规则导向的市场,法律制度设计直接关系到市场运行质量的提升和功能的有效发挥,行业热烈期盼期货法早日推出。
有期货公司研究所表示,经过近30年的发展,我国期货市场的规模和运行效率大幅提升,但与国外成熟市场相比,在某些方面还有差距,其中一个重要原因就是市场基础制度还不够完善,比如行业基本法律尚未出台。
在今年全国两会上,代表、委员对加快制定期货法的呼声极高。全国政协委员、中国证监会原副主席姜洋连续三年提交建议,呼吁加快制定期货法,促进期货市场规范发展,保障期货投资者合法权益,加快期货市场对外开放。
全国人大代表、辽宁证监局局长柳磊今年也向全国两会提交建议,加快制定期货法,与新证券法协调衔接。固化我国期货市场的发展成果,为期货市场持续、稳定、健康发展提供法律保障。