| Finance lease,enter our country since 1981,has been nearly 40 years of development history.Financial leasing industry experienced a period of recession caused by China’s economic downturn but finally ushered in the second development in the 21st century.Financing and leasing industry development trend is good,but the financing difficult,high-risk become industry bottlenecks what are restricting the pace of development of the industry.Asset securitization,as a new type of financial instruments,can promote the flow of capital and expand financing channels.The combination of financial leasing and securitization is a great help to China’s financial leasing industry to break through the industry bottleneck.However,as a statutory country,the imperfect of leasing asset securitization legal regulation has caused a lot of difficulties in the practice of leasing securitization.Therefore,studying and solving the legal problems encountered in the process of securitization of leasing assets in China has the practical significance for promoting the development of China’s leasing asset securitization law.This paper analyzes the domestic and foreign relevant information of securitization of leasing assets,compares the operations of securitization of leased asset in China,and finds out the obstacle of the existing legal environment of leasing asset securitization in our country.Then,based on the actual situation of our country,drawing on leased assets securitization operations experience in mature countries,this paper puts forward some ideas on the legal problems in the process of f leasing the asset securitization in China.The article is divided into four parts except the preface.The first part is an overview on the leased asset securitization,introduces the origin,development and classification of leased assets securitization,combed the legal relationship in the process of securitization of leasing assets,and clarifies the research object of this paper.The second part is an overview of the present situation of the development of securitization of leasing assets in China,and clarifies the significance of the development of leasing asset securitization in our country and the legal environment in which the securitization operation of leasing assets.The third part focuses on the analysis of the legitimacy of the leasing debt transfer,the definition of real sales,the choice of SPV mode and the lack of financial supervision in the process of securitization of leasing assets in China.The fourth part is through comparing the foreign asset securitization operations mature development experience and draws lessons from the mature experience of foreign loan securitization operation,and makes some reference to drawing on the legal problems faced by the securitization operation of leasing assets in our country.The last part is a summary of the article contents,combing and analysis of leasing asset securitization operation of the development process and combine the current situation of China’s specific use,by profiting from the leased asset securitization of operating experience matured areas,put forward some thoughts and suggestions of the legal problems faced in the process of securitization in China’s leasing assets. |
