The Research Of The International Legal Harmonization Of The Cross-border Asset Securitization

The development of cross-border asset securitization process, is the current legalsystem with interaction and mutual integration process: the securitization of assetsecuritization is the parties in order to achieve the maximum benefit, looking for legalgap are the result of financial innovation, it realized the existing legal systembreakthroughs. On the other hand, the emergence of asset securitization to the existinglegal system is one of the challenges of the new law, formed the system demand, andthen promote the legal system supply and evolution.Cross-border asset securitization is one of the result of globalization, globalizationin legal field performance is the international law of coordination. In view of this, thispaper will focus on cross-border asset securitization coordination of international lawin discuss series.In addition to introduction and summarizes the full text is divided into four partsaltogether, more than thirty thousand words.The first part "introduction". Mainly introduces the concept and legalharmonizaion and legal duplication and legal unification difference. Cross-borderasset securitization is the international cross-border asset securitization legislation thesource of international coordination. The author of cross-border asset securitizationthrough the analysis of the characteristics of the law, to define the scope of research,this paper puts forward the legal harmonizaion cross-border asset securitization ofcontent and form, and use this as the focus of this paper research and discussion.The second part of the "cross-border asset securitization law coordinated content".This part is the one of the key points and difficulties. In this part, the author throughthe assets of the applicable law of transfer, SPV form and operation conflict of laws,cross-border asset-backed securities issuance and trading laws applicable analysis ofcross-border asset securitization, and points out that the existing in legal problems, todetermine the scope of the international law coordination.The third part "cross-border asset securitization law coordinated form". In this part, the author first analyzes the international law in the form of coordination, thencross-border asset securitization international law coordination from internationalconvention and the international practice two forms of coordination, detailed analysisof the scope of questions, through the analysis of the United Nations Convention on theAssignment of Receivables in International Trade, Convention on the law applicable to trusts andon their recognition, Convention on the law applicable to certain rights in respect of securitiesheld with an intermediary three international convention and The asset transfer andsecuritization, the new capital accord and two international practice files, specificpresented cross-border asset securitization international law coordination results.The fourth part of the "China asset securitization law coordination and the statusof the proposal". This part is the another difficulty. Through the introduction of assetsecuritization in our country legislation and its shortcomings, and points out that thelegal harmonizaion way is reference to the international conventions and internationalpractices in our country the law practice, creating and operation process, throughusing, absorb international common practice even transplant foreign advancedlegislation in our country, the application of law for the development of assetsecuritizationThe last is the summary of the full text. The author through the cross-border assetsecuritization "international" operation analysis and the characteristics of the legalharmonizaion, and points out that the cross-border asset securitization internationallaw coordination is phased, and with the evolution of the international legalharmonizaion to adjust.