Study On Legal Questions Of Asset Securitization

Asset securitization has become the most significant and fast-developing financial innovation in financial field of the world in the past 30 years. Since its naissance in American capital market in the nineteen seventies, asset securitization has developed rapidly and vigorously in American capital market and grown into fashion in the capital markets of major countries in the world by right of its advantages of asset credit finance, structured finance and out-balance sheet finance.At present, the pilot work on asset securitization has started up. However, with the propulsion of asset securitization, there also exists a good many difficulties in the aspects of market, technology, especially of law. Without a favorable legal condition, asset securitization cannot operate successfully. Therefore, by means of the methods of comparative research, positivism analysis and historical investigation, the author analyzes major legal questions involved in the operation of asset securitization, probes into legal obstructions existing in the execution of asset securitization in our country, discusses legal adjusting modes of asset securitization, and brings forward lawmaking conception of asset securitization, which provides legal theoretical support to impulse development of asset securitization in our country, promote financial reformation and innovation, maintain financial safety and serve for healthy development of national economy.Besides introduction and conclusion, this article comprises five chapters.Chapter 1: Summarization of asset securitization. It clarifies basic theories on the meaning, features, main participants, basic operation process and legal backgrounds of asset securitization, etc.Chapter 2: Major legal questions involved in asset securitization. It discusses major legal questions in the operation process of asset...