Study On Legal Questions Of Securitization Of Bank Bad Assets In Our Country

The securitization of bank bad assets is a hot topic in the current financial circle, it is the course that the commercial banks sell the bank bad assets lacking of fluidity but with future stable cash flow to the carriers with special purpose, and the carriers then make certain structural arrangement and improvement of credit on the assigned bad assets and transfer them to the negotiable securities supported by the assets, and then sell them to the investors of securities. The course is beneficial to the decentralization of bank asset risks, the increase of fluidity of assets, the improvement of bank asset full rate and widening the channels of bank capitals source. By a series of contractual arrangement, the securitization of bank bad assets constructs the basic legal relationship and subsidiary legal relationship, and confirms many subjects of rights and obligations, which is either a economical course or a complex legal course. According to the current situation of bank bad assets, the author analyzes the necessity and feasibility of the securitization of bank bad assets, refers to the foreign advanced legal principles of securitization of assets, then deeply probes into the legal relationship and legal obstacles in the course of securitization of bank bad assets in our country, and according to the current legal situation, the author puts forward the relative ways to settle the questions, then raises the strategies and legislative suggestions which accord with the national situation of securitization of bank bad assets.