Financial Asset Securitization Of Asset Transfer Laws

Asset securitization is one of the finance innovations with great influence and playing a more and more important role in international finance market. Asset securitization is a kind of financial arrangement of issuing securities based on the credit of certain assets that can engender future cash flow to pay for securities capital. Different from traditional financing methods, asset securitization bases the issuing of securities on independent asset credit other than enterprise credit so as to keep the independence of the assets. The essence of asset securitization is to remote the asset from the risks of originator. Risk-remote is achieved when the originator transfers the assets to the Special Purpose Vehicle (SPV). Therefore, it is important to have a thorough study on asset transfer in securitization.The basic theory of asset transfer in securitization is the foundation for this paper. Since the first section of this paper has to introduce the concept and the features of asset securitization. And try to illustrate the nature of assets transfer from the legal point of the view.The features of asset transfer in securitization are its specific requirements with respect to the subject and the effect of transfer, which distinguish it form ordinary credit transfer. In second section, analyzes the legal problems related to SPV.The third section tries to introduce the effect of asset transfer and points out the defects and suggestions for improvement of the legal system.The last section is conclusion. Summary the whole paper and put forward prospects of the development of the asset securitization in China.