The Analysis Of Housing Loan On Mortgage Securitization Law

The room mortgage loan securitization, most as early as appeared in the 1970s's US, and afterward rapidly expanded in various countries. This is the financial innovation achievement, which also develops along with the unceasing research. Along with our country housing credit quota growth, this internationally quite general housing finance innovation pattern, also begins in our country to study and to carry on the policy design. The legal regime holds the decisive status in the room loan securitization movement. Our country room loan securitization also has some institutional barriers which at present wait for removing. The room ioan securitization legal regime research, is studyed its legal principle theory of law from the legal stratification plane to rest on, the system design and the consummation countermeasure, to promote our country room loan securitization law environment consummation to provide the theory instruction, provides the practice reference for our country room loan securitization of practice operation. It utilizes the materialistic dialectics, the legal analytic method and in the theory and actual unifies of foundation elaborates our country room loan securitization legal regime's present situation and the theory and the practice.It has outlined the research background and the significance, the domestic and foreign research present situation, the research mentality and the method; It has analyzed general operation process of the room loan securitization, the financial behavior way in legal basis, the participation main body in legal status, the interactive procedure and the institutional arrangements in legal principle theory of law foundation from the legal stratification plane; Especially from the legal stratification plane of selective analysis is to room loan securitization mechanism, it is proposed that three important legal principle theories of law are "the risk mechanism", "the financing mechanism" and "the organization mechanism". In carrying on our country room loan securitization of legal regime to existence barrier combs and in the reason analysis foundation,it proposes our country room loan securitization perfect countermeasure. It is proposed that five principles are pattern choice, perfecting legislation content, the widely legal field, the coordinated unification, principle refinement, fill flaw, and enhancement potency. And then with legislation mechanism improvement of the room loan securitization in our country,it is proposed that six feasibility opinion are the relaxation to commercial banking, the qualitative property of support negotiable securities, accommodating the negotiable securities circulation stipulation, the optimized specific goal's organization, to set up the synthesis supervision organization,and the legislative development investment fund...