Legal Research About Asset Securitization Of China

The asset securitization, in the 20th century is an important financial innovation; it began in 1968 at the issue of the mortgage pass through. The asset securitization products after several decades of existence and development of a financial market the most dynamic of the product. Because it can strengthen the commercial bank management. It is in credit markets and all the capital market and promoting the development of capital market play a multiple functions; it is in identifying and decentralized and guard against financial risks is unique. Although our assets asset securitization technologies time later, the parties are trying to stage of development, it is not a uniform, standard market,But only by 2008, there are eight families may have financial institutions to issue a credit to support the stock assets of 34.3 billion Yuan. The asset securitization in our country has undergone considerable development. But from a legal perspective, it is more than a prosperous economy, which is a strict legal procedure. All the assets of the asset securitization is to build institutions, set the standard and established the operation of the party's rights and obligations, the clarification of the ownership, shielded from the possible risk. Our assets in the asset securitization work there are many legal obstacles asset securitization. From the assets of asset securitization asset securitization in the legal questions and research in our asset legislation the status quo in order to the development of the asset securitization some legal advice.Paper is divided into four chapters, chapter 1 to study the asset securitization purpose, scope, the situation and make a brief analysis. The second chapter mainly introduces the asset securitization definition, and the type, as the next step in the asset securitization research legal questions. Make good bedding. Chapter 3 of the central sections the assets and the asset securitization in the law principles. This chapter is divided into six sections. Paper on the asset securitization in the process transfer of assets and special purpose, real or change and tax, credit rating, the six senses of important research legal questions, Out of focus on disintegrating a special purpose of their own risk of isolating the laws of the design and the asset securitization foundation assets received the priority issues. The tax credit rating and problems revolve about special purpose institutions. In the assets transferred to chapter analyses the credit transfer, the contract and subordinate to participate in these three kinds of forms of legal problem. The real sell mainly introduces the assets of the asset securitization true that standards, so that our legislation has the model. First discuss the assets of the asset securitization legislation the status quo, pointed out that "the pilot with the parallel" is our assets asset securitization characteristic of our assets. Further suggested to improve the structural design of asset securitization with rigid law proposal.