Discussion On Mortgage Securitization

In modern society, the rapid development of social economy, there are higher requirements on as "the king of security" in the mortgage, the mortgage should not only guarantee the creditor’s security, but also to act as the investment and financing means, the realization of mortgage securitization. the mortgage of our country theory is relatively backward, mortgage, change and destroy are based on the creation of claim, change and termination, and the creditor’s rights can not be separated and there. But in developed countries as Germany, Switzerland. Japan, mortgage has become an investment tool in the market by the security forces to achieve circulation. So in the course of development of Chinese market economy, the mortgage should also have a new understanding, gradually the traditional mortgage to the more modern direction, is to enhance the liquidity of mortgage, to adapt to the modern society more on the investment and financing requirements. Are independent from the creditor’s right of mortgage in Germany and Switzerland, independent of the mortgage right is endowed with property rights, such as mortgages in the market circulation laid the foundation. In Japan, though not completely independent of mortgage debt, but Japan’s mortgage can be transferred on conditions in the market, as a new investment tool. Firstly, mortgage securitization in detail from the connotation, significance as well as the mortgage system of developed countries mortgage securitization system, then analyze the mortgage in our country in the presence of the guiding ideology, legislative, judicial and other aspects of the problem, finally the realization of hypothec in China and put forward some opinions of securitization suggestions, mainly mortgage registration, mortgage registration order fixed principles and mortgage securitization implementation model these aspects to carry on the analysis.