Legal Problems Of Risk Isolation Of Securitization Of Credit Assets In China

Due to the credit asset securitization involves the trust legal relationship,and the legal relationship of trust in China have are theoretical and institutional defects,,the credit asset securitization has failed to realize the risk isolation in china,which has affected the development of credit asset securitization.The Securitization of credit assets as an important way for banks and other financial institutions to recover their loans in advance requires constant improvement and research.This paper focuses on the causes of the legal problems of risk isolation in the process of securitization of credit assets in China,the significance of the research and the solution of the concept.First of all,the author defines the securitization of credit assets.The securitization of credit assets is born in asset securitization,but it is not exactly the same as asset securitization.Because securitization of credit asset securitization belongs to the asset securitization in the financial field,it is inevitable that Traditional asset securitization does not have the characteristics,more complex,higher risk.Second,the discussion of the causes of risk isolation and the status quo.As the "Trust Law" provides that the trust property should be registered,and China has not yet established the trust registration system,the legislation ahead and the system defects,leading to the trust property independence has been controversial.The fundamental reason is because our country belongs to the civil law countries,using the principle of "one thing and one right",and the trust legal relationship as the exotic,was born in the common law and the equitable law,before the theory can't solve the contradiction,the trust registration System has been difficult to build.The lack of trust registration system has led to the new risk of credit asset securitization.Finally,the author puts forward the idea of solving the risk isolation from the aspects of theory,legislation and practice according to the causes and the present situation of the risk isolation,which basically covers the risk isolation and is enough to solve the legal problem of risk isolation.