The Law Research Of Residential Mortgage-Backed Securitization In China

The division of assets is the key link of the procedure of Residential mortgage-backed securitization, 1 including two forms: the transfer of creditor's rights and establishment of trust. In this article, the basic legal system of RMBS, especially the legislation and practice of division of assets of RMBS in some mainly countries and regions are presented. The paper also explored the practical significance to develop Chinese RMBS, and also introduce current development and the legal system of RMBS in China. The article explored the law issues of Chinese RMBS in the study of division of assets, so the article elaborated two important issues: first, what problems will arise if the division of assets is in the form of the transfer of creditor's rights? And how to change the law and make the law comply with the development of RMBS.Secondly, because the current practice of RMBS in China is in the form of trust, the paper explored the law issues of this form. In summation, the viewpoint of the paper is that the development of RMBS in China shall be in accordance with Chinese law and administrative regulations, especially the basic law, even if the law shall be changed or amended to the special requirements of RMBS.