Research On Legal Question Of Asset Securitization

As the most important financial innovations in the international finance field from 1970's until now, asset securitization shows its strong power. This paper mostly analyses legal system of asset securitization, and makes suggestions about how to perfect regulations of asset securitization in our country.There're four parts in this paper. Chapter 1 is the introduction, which describes present status of asset securitization at home and abroad in general. Chapter 2 focuses on the general principle of asset securitization. Meanwhile, the paper analyses that it can meet the need of economic development to fund. Chapter 3 analyses legal environment, legal essence and legal base of asset securitization in our country. Through the development and legal process of asset securitization in America, British, Japan, France, Taiwan of China, the paper analyses the problem that law absent from asset securitization in China. The paper will analyze the problem in these aspects, such as bond transfer, corporation for special purposes, register system for asset transfer, isolation of risk, and then it analyzes the realistic root on absence of law and its jurisprudence. Chapter 4 is the keystone. Its central content is about design for asset securitization. First, the paper introduces the principle in implementing asset securitization. According to present legal circumstance, the paper proposes relative strategy, including making special law, publishing perfect measures, improving operation of asset securitization, and so on. Second, the paper makes suggestion for SPV. True Sale and assess of credit. Finally, the design of ward ship during asset securitization is discussed, too.