| As an instrument in financial field, financial assets securitization came into being in hmerica in 1970s and got fast growing. Financial assets securitization is an economic course and also a legal course. Many entities take part in the process of financial assets securitization. It's an intricate financial structure and a complicated systematic project.Financial assets securitization includes the participants in subject, the legal relationships, the legal substance of financial assets securitization, the legal structure of SPV, the legal problems of assets shift, the bankruptcy remoteness of assets, the credit enhancement of assets, the credit rating of assets, etc. And the legal structure of SPV, the legal problems of assets shift, the bankruptcy remoteness of assets, the credit enhancement of assets, the credit rating of assets are the key questions among them.Chinese current legal environment is good for the practice of financial assets securitization, but it's inevitably confronted with many obstacles, for example, the legal structure of SPV, the legal standards of "true sale" of assets, the adoption of legal measures of credit enhancement. They should be well settled.The paper analyzes the current legal environment China practices financial assets securitization and introduce foreign successful experience for reference in order to realize the localization of legislation of the financial assets securitization. That's special legislation along with reorganizing and outfitting the relevant legislation. |
