论文部分内容阅读
所谓期货经纪公司,我国《期货经纪公司登记管理暂行办法》定义为依照国家法律、法规设立的接受客户委托,用自己名义进行期货买卖,以获取佣金为业的公司。客户则是指委托期货经纪公司从事期货交易的人,包括公民和法人以及其它经济组织。 近年来,随着我国期货市场的迅速发展,期货经纪公司与客户之间发生的纠纷越来越多。对于他们之间发生的纠纷该如何处理,这既是一个实践问题,又是一个理论问题。笔者试图从它们之间的关系及责任入手,从理论与实践的结合上作一简要分析,供理论研究和司法适用时参考。
The so-called futures brokerage company, China's “Interim Measures for the registration and management of futures brokerage companies” is defined as the company set up in accordance with national laws and regulations to accept the client commission, in their own name for futures trading, in order to obtain commissions for the industry. Customer refers to those who commission futures brokerage firms engaged in futures transactions, including citizens and legal persons and other economic organizations. In recent years, with the rapid development of China's futures market, disputes between futures brokerage firms and clients have been increasing. How to deal with the disputes that happened between them is not only a practical issue but also a theoretical issue. The author attempts to start with the relationship and responsibility between them and make a brief analysis from the combination of theory and practice for the reference of theoretical research and judicial application.