Research On The Legal Institution Of Equity Financial Asset Securitization

In the thirty years, the most remarkable innovation in the international financial market is Financial Asset Securitization. Nowadays, the most important problem we should pay attention to in China is not whether we should develop it, but how to develop it. Many experts say that trust is the most suitable way that we should adopt in China. To make sure that financial asset securitization could grow healthy and smoothly in our country, the first thing we should do now is to design an intact curve of legal institution of Equity Financial Asset Securitization.Centered on this, the dissertation mainly discusses the following questions:The first part of it summarizes the basic law problems about Equity Financial asset Securitization. make a definition to Equity Financial Asset Securitization, and discusses about its law foundation and form of manifestation.The second part of the dissertation mainly contrasts the Special Purpose Trust (SPT) and traditional civil trust. After that, the dissertation discusses the influences on the traditional civil trust which were imposed by SPT.The third part of the dissertation discusses the problem which should be settled in the process of designing the Equity Financial Securitization. It mainly fixes on two problems: one is the standardizing of the beneficial interest certificates; the other is the guarantee of the trustee.The last part of the dissertation makes a contrast of the model of legislation among different oversea countries, chooses a pattern for our country afterwards. At last, the dissertation reviews the related law and institution in our country and puts forward some suggestion to it.