金融衍生工具本来是规避市场风险的一种工具,但随着发展其逐渐承担了宏观调控的职能,金融衍生工具的健康发展对社会金融市场秩序的稳定起到很大的作用。但是目前的金融衍生工具市场仍然存在着由集体非理性而引起的市场失灵和政府失灵的问题,需要通过法律机制对我国的金融衍生工具市场进行规制。 Financial derivatives have always been a tool to avoid market risks. However, as they gradually assume the function of macro-control, the healthy development of financial derivatives plays a very important role in stabilizing social financial markets. However, the current financial derivative market still has the problems of market failure and government failure caused by collective irrationality. It is necessary to regulate China’s financial derivatives market through legal mechanisms.