Study Of Asset Securitization Legal Issues

It's been years since the asset securitization issue was first discussed in China,but these studies are mostly from economics and finance perspective, less from the legal perspective on it; Most of the foreign media lay particular stress on the theoretical study and practical operation of general introduction and less normative analysis. As an issue which is well-structuralized and has numerous subjects, asset securitization is the product of highly developed market.It can be said that credit and contract is its "life".The existing legal system and our environment can't play a part in its risk prevention and protection of it.Developed countries has shown that a sound legal is the premise need of conducting asset securitization business. Asset securitization practice has brought new vitality for our financial markets, but the emergence of this new type of direct financing has presented new challenges to our legal system.From this perspective, the research and writing of this paper has three significance. (1) The study brings the development and perfection of Chinese market economy useful recommendations. Specifically : It brings rationalization proposals from the perspective of asset securitization in the development and perfection of Chinese capital markets, invigoration of the bad bank assets, increasing mobility of the bank assets, development of Chinese housing mortgage market and optimization of the structure of state-owned capital. (2) Make rational analysis and feasibility plan about Chinese legal environment of asset securitization. As a new financial technique that must be a lot of practical and understanding problem of asset securitization. This paper analyze the issue by developing the intermediary services, fostering the establishment of SPV and the sponsoring company as well as consolidating sector regulatory capacity, explore the improvement of our asset securitization's legal environment. (3) Make rational thinking of improving the legal system of Chinese economic. Actually, legal issues of asset securitization is a new way for the direct financing technique on behalf of the emergence of new financial legal system. As another invention which "after" another contemporary company system, it should match with the company system, and not condescend to financial derivatives position. Therefore, the law of assets securitization itself is the perfection of our economic and legal system.