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美国金融监管体系一向具有“危机指向”的历史特征,同样地,在次贷危机仍未结束之时,美国已经开始酝酿包含对冲基金法律制度在内的变革。这些变革包括对冲基金作为金融机构的监管、对交易行为的监督以及促进其内部风险控制制度的完善。其中,立足于特定交易行为的限制和约束,更能在保证对冲基金创新性的前提下,将其纳入金融监管体系并降低市场系统性风险发生的可能。
In the same way, the U.S. financial regulatory system has always had the historical feature of “crisis pointing ”. Similarly, when the subprime mortgage crisis is still not over, the United States has begun to deliberate on changes that include the legal system of hedge funds. These changes include the regulation of hedge funds as financial institutions, the monitoring of trading behavior and the improvement of their internal risk control systems. Among them, based on the restriction and restraint of certain transaction behavior, it is more possible to include the financial supervision system and reduce the possibility of systemic risk in the market under the premise of guaranteeing the innovation of hedge funds.