Law Study On Assets Securitization

Based on creditor's assets able to form stable cash flow, assets securitization is a financial structure with SPV as the core and contracts as the carrier stipulating the rights and obligations of each party. This financial innovation, with exquisite structure and complicate operation, is highly praised by many countries, for it can strengthen assets flow, decentralize assets risks, optimize resource distribution, and improve the efficiency of economic operation. Many countries, no matter whether it is USA as the foundation country or it is the derivative country such as UK, France, Italy, and Japan, pay much attention to adjusting the operation of assets securities by using the law in order to standardize the operating process, improve operating efficiency, reduce financial risks and ensure safety. Assets securitization is yet newly born in China, so there is no related experience concerning the legislation of assets securitization, and the transplantation of legislation from others countries needs to consider the historical background and system environment of China. My thesis studies the basic concepts of assets securitization, makes an analysis of the feasibility and necessity of assets securitization in China, and offers a model for reference to the law adjustments during the localization of assets securitization.Chapter One is about the basic concepts of assets securitization, making a discuss on what is assets, what is assets securitization, the characteristics of assets securitization, the law essence of assets securitization, the law relationships involved in the process of assets securitization, and status quo of the operation of assets securitization in other countrie...