An Analysis Of Cases On Risk Remoteness Of Enterprise Consumption Financial Asset Securitization

Not only can the consuming finance model in enterprise cater to the individual consumers' demand and enrich the economy,but also play an important role in the process of increasingly expanding and diversifying the consumption market and consumption styles.Its pragmatic effect can further amplify through the combination with Internet.However,during the actual operation of the model,the lack of funds due to the inability to absorb deposits results in the failure to scale and standardize the business.In this situation,asset securitization can deal with a series of problems such as limited financing scale and efficiency or limited business share in the process.The emergence of the direct financing method named asset securitization can solve this problem in a certain extent.However,as a direct financing method,there are many legal issues need to be clarified.The most important one is the problem of risk remoteness,which is a purpose and link of the model what links upwardly to the selection of basic assets,and downwards the basis of securities issuance.Therefore,it is necessary to study and discuss the legal issues related to risk remoteness in the cases.Through the analysis of the legal issues related to the risk remoteness of enterprise consumption financial asset securitization and the identification and interpretation of relevant cases,the article gives opinions about whether the underlying assets as a goal for risk remoteness are appropriate,whether the risk remoteness is real and complete,and whether or not accomplish the expected risk remoteness.The article consists of four chapters.The first chapter bases on two consumption finance asset securitization and reveals relevant problems which are basis for the following analysis.The second chapter is a brief description of consumption finance,which as a source of basic assets.First of all,with the relevant documents and theories,the concept of consumption finance is defined and the scope of research is determined.Secondly,it analyzes the two main structures of the consumption finance model,explains the legal relationship between the subjects and leads to related issues briefly.Finally,it discusses the legal protection of consumption financial assets in detail.Because as the basic asset of securitization,Internet consumption financial assets' characteristics are different from other securitized assets,and worth detailed study to determine them.The third chapter is a brief introduction to the securitization system of consumption financial assets.First,it clarifies the advantages of using asset securitization as a financing method for Internet consumption finance.Second,analyzing the legal theory and operational structure of the legal relationship between parties in the process of securitization and the risk remoteness as a link in the entire process of securitization.Finally,by sorting out the legal issues in basic assets and risk remoteness and summarizing the solutions to different problems,a legal standard for the securitization of consumption financial assets as a measure of risk remoteness is proposed,which will serve as a reference for specific cases.The fourth chapter is the legal analysis of the representative cases of securitization of consumption financial assets above,including the Jingdong Asset Backed Securitization Project.First of all,a brief description of the basic status and structure of each case is provided.With the clear of cases,it also leads to some problems.Second,through the analysis of the standard obtained in Chapter 3 above,the relevant cases are reviewed to determine whether the appropriateness,structural integrity,and function of the projects meet the standard.While analyzing and drawing conclusions,it also put forward its own suggestions.In the epilogue of this article,the significance of the subject is clarified from the legal theoretical basis and related subject interest appeal,the potential two types of risks are combed,the corresponding risk remoteness theory and system are examined,and put forward some requisites that are able to meet the above analysis and induction.Then,based on these requisites,some products are inspected,and the conclusion is reached that the analyzed products still have room for improvement in risk remoteness.It also has certain progressive significance for solving practical problems.