Research On The Legal Supervision Of QDII In China

The establishment and operation of Asset management corporation of which is drawn from international practice is an important measure taken in the reformation of our country's financial system.It aims to dispose of the non-performing loan from state-owned conmercial banks, also to wipe out domestic financial risk and resist international financial disturbance. The AMC of out country which are shouldered by special tasks cannot run smoothly without legal standard.While in this paper, five aspects of problems involved in the AMCs are discussed from a legal point of view.The first chapter outlined Asset management corporation, introduced the background of Asset management corporation produced.Studied the concept and function of Asset management corporation, the production of Asset management corporation in China , the state of legislation and the main ways to operate of Asset management corporation.The second chapter analyzed the risk of moral that the "debt-equity swap" faced, which is on the basis of analyzing the debt-equity swap that is one of main ways of operation to disposing of Non-performing assets. At the same time, related foreign experience of egislation on the practice, analysising the legal problems exposed in the process of the debt-equity swap operated.And then,pointed out the place that debt-equity swap do not fit in with the existing legal system.The third chapter discussed and studied the legal issues of Asset backed Securitization——another major way of disposing of Non-performing assets.There is little related experience of legislation about Asset backed Securitization, becuase Asset backed Securitization is an emerging thing in our country.This chapter relates experience of legislative practice and enlightenment from foreign countries by introducing the basic law of Asset backed Securitization so as to analyzes the legal obstacles of operating Asset backed Securitization in our country.The fourth chapter which links to our country reality, discussed legal advice to consummate the mechanism of operating about Asset management corporation in our country.First,we should consummate the legal person system of Asset management corporation. The chapter begins from the analysis of the current《Rule of assets management companies》, to elaborate thatlack of legal system of Asset management corporation is key reasons to led to the efficiency of disposing non-performing assets is not high.The blank of information disclosure system as well as crack of supervisory system causes people lack of an effective constraints trading insider.The backwardness of incentive mechanism urges company officers to dispose non-performing assets negatively.The legislative insufficiency of《Rule of assets management companies》is constraining the depth and breadth of the disposal of non-performing assets depth and breadth. Therefore, in order to resolve the non-performing assets effectively,it is necessary to the financial asset management corporation to improve the legislation of the financial asset management corporation to solve the corresponding legal issues. Secondly, proposed the legislative conception to consummate debt-equity swap and asset securitization.As a legal person to solute special question in the specific time,financial asset management corporation faces the question produced our country's practices,which is produced in the reform. Therefore, the subject is discussed in the article has comprehensive nature and expansibility,it had decided that it mainly take the question as the center when talk about method and idea of analyzing questions.The logic relation of the paper is established on the basis of analyzing the questions exist in practice.