Legal Status Of The Transformation Of China's Financial Asset Management Companies

China's Financial Assets Management Corporation was established in a special era background. Its establishment and operation is an important action for China in learning international experience, using market-oriented mode to dispose the bad assets of state owned commercial banks, eliminating domestic financial risks, resisting international financial disturbance and deepening the financial system reforming. However, with the approaching of the 10-year major limit, as a transitional, stage and strategic financial institution, it will be faced with subjects of self position and transforming & reforming. In 2008, a financial crisis swept the whole world. Faced with the most disastrous economic situation in the new century and the uncertain influences brought by the global financial crisis to China. How financial assets management companies to change risks into opportunities, obtain the advantages and avoid the disadvantages, successfully conduct commercial transformation and then realize long-term development becomes the major subject for development of Financial Assets Management Corporation.Financial Assets Management Corporation is the product of financial crisis, and it can also develop and strengthen itself in the financial crisis. With the emergence, development and future transformation of China's Financial Assets Management Corporation as its main line, this paper carries out an empirical analysis and comparative study on the emergence background, operation basis and operation mode of China's Financial Assets Management Corporation and argues the legal problems appearing in commercial transformation and the risks and opportunities appearing in present financial crisis. On the basis of problems, through drawing international experience, put forward follows with pertinence: accelerate the commercial transformation of China's Financial Assets Management Corporation, correctly grasp direction and position of commercial transformation, establish modern corporate governance structure, perfect the structure of property rights, meanwhile, improve the policy, legal and market environment of Financial Assets Management Corporation, etc to support its commercial reforming.This paper is composed of the introduction and four parts of the main body.The first part is about the common theory of Financial Assets Management Corporation. Through comparative analysis on the reason of financial Assets Management Corporation, points out the necessity of the Financial Assets Management Corporation, points out the difference of the Financial Assets Management Corporation.The second part is about the international experience of Financial Assets Management Corporation. Through comparative analysis on the legal position of Financial Assets Management Corporation transformation in America, Sweden and Korea, etc., it sums up favorable advices of international experience to transformation of China's Financial Assets Management Corporation.The third part is about the problems existing in the operation of Financial Assets Management Corporation. It firstly analyzes the governance structure situation and deficiencies of China's Financial Assets Management Corporation, and then discusses the problems existing in the operation of Financial Assets Management Corporation, points out the necessity of the Financial Assets Management Corporation transformation and introduces influences of present global financial crisis on the transformation.The forth part is about the perfect of relevant laws and regulations during the transformation of China's Financial Assets Management Corporation. Through analysis on the economic and legal background of the emergence of Financial Assets Management Corporation, discuss the necessity to establish Financial Assets Management Corporation, point out the targets and business scope of Financial Assets Management Corporation and profoundly discuss the legal position of Financial Assets Management Corporation.This part points out that China's Financial Assets Management Corporation should be transformed into and fixed as financial holding Corporation and puts forward suggestions on further perfecting Financial Assets Management Corporation in transformation.