Construction Of Asset Securitization Systerm

Asset securitization has unique characteristic and ascendancy, can hundle the problem of financing espeacially for the high technology and medium and small-sized enterprises , but it do not have legislation provision in law, leagl provision adjust this action in low status which is not good for it to improve. Based on insisiting on China's existing asset securitization legal system and reference to the advance experience of asset securitization system in AmericaJapanese and Korea, construct China's asset securitization. This paper throughout defining the standard of the true sale, the leagl form of SPV, the way of credit enhancement to optimize the configuration of the asset securitization's legal resourance. While the body contains 5 parts:The first part is an overview of the asset securitization in theory. Mainly introduces the legal concpet of asset securitization, the process of asset securitization and some kinds relationships involve in this legal system. From those three aboved-mentioned things, it analyses and tells the content of asset securitization.The second part discusses on the legislation necessity for establishing asset securitization in China, Throughout comparing with the traditional mode of finacing, intrducing the legal provision of it to clarify the legal necessity.The third part is bringing the notice of foreign asset securitization. From explaining the development of this act in practise and the representative country's advanced legislation, thereby making sure what we should learn from other country to establishing asset securitization in China.The forth part introduce the shortcoming of current asset securitization in legalization. Throughout clarifing the shortcoming in transfering of asset, establishing SPV, credit enhancement, credit rate and the process of issuing security to clear the part that should improve in legalization for adjusting this legal act.The fifth part establish the asset securitization legal system which is fit for our exsiting legal system. From defininfg the asset transfer, establishing the SPV, credit enhancement, credit rate and issuing security to establish the asset securitization legal system in China.