The Vicissitudes Of The Private Law During The Pogress Of The Money-Capital Securitization

Now people create and possess more and more wealth, however, the way of creating and possessing the wealth become more and more unthinkable. The securitization of money-capital is a good proof. In the rapid developing era, the concrete economic activities have been replaced by the new and insubstantial activities, and the rights is transforming into the securities, which are more abstract and liquid. With the more obvious trend of securitization, the growth of the insubstantial economy driven by securitization is becoming the leading sector in the whole economic growth, and the security is becoming one of the major means people possess the wealth. So if we consider the society led by corporations is called "the corporate society", now it towards to "the securitization society".The securities market, the core area in the market economy, is the site for creating the wealth and exchanging the rights, and in substance, is also the stage for validating and achieving the rights and obligations among the equal parties, so the relationship of the private law is the basic legal relationship. This relationship which originated and developed from the securitization is higher graded, more complicated, and more socialized comparing with that from simple commodity economy, because of that, it's the area the public law involves deepest and broadest. The private law, emerging from Roman law and further completed during the progress of the capitalism, is changing because of the vicissitudes of social economic conditions, and this process will be going forever. It seems the vicissitudes of private law are caused by random events, but in fact, those are caused by the needs of adjusting the social economic order and achieving the value of private law. The notions, the framework, and the adjusting methods of the private law have been changed consciously or unconsciously during the progress of the securitization. To sum up and theorize the issues of the changes in securities market during the progress of securitization, the characteristics of the methods to exercise the rights, the features of rights protection and legal remedies, the vicissitudes of private law, is an amazing thing.This thesis includes five chapters beside foreword and conclusion "Foreword" proceeds with the trend of securitization, defines the securitization...