On Establishing The Securitization System Of Real Estate Mortgage In China

lThe mortgage rights are represented on the securities so that the mortgage rights can use the rules of the securities to circulate in the market,and then the mortgage capital's circulation investment function can be used to make the mortgage rights circulatory and investable in the market.This is the modern international civil law.development trend.The traditional mortgage right adheres to the principle of collateral nature of mortgage,with the goal of guaranteeing the liquidation of creditor rights,subordinating the main creditor's rights in setting,transferring,and extinguishing.With the development of modern financial economy,finance plays an increasingly important role in the economic operation system.Financing is indispensable for the development of any economy.As an important part of the capital market,a large number of credit activities of commercial banks are often secured by real estate mortgages,which makes real estate mortgages an important means of safe circulation of funds in the capital market.Securitization of real estate mortgages makes the mortgage rights that originally absolutely accompanied the secured principal claims relatively independent of the claims,and thus becomes an independent investment object that circulates in the market,which is conducive to broadening the investment channels of the vast munber of property owners.It is beneficial to the financial investment of SMEs.This article is based on the topic of"Constructing the Securitization System of Real Estate Mortgage in China",analyzing the securitization of real estate mortgage from the perspective of legal theory and exploring the construction of this system in China with a view to the specific national conditions,with a view to compiling the property rights of civil code.Editing provides useful lessons.In the first part of the thesis,a detailed analysis of the implication,characteristics,theoretical basis and value of securitization of real estate mortgages is carried out,and relevant concepts are analyzed.The second part mainly elaborates the significance of establishing the system in China by comparing it with the securitization of mortgage loans.The third part systematically analyzes the main difficulties in setting up a securitisation system for real estate mortgages in China.The fourth part introduces the legislative examples and inspirations of the evaluation of securitization of extra-territorial mortgage rights.The fifth part puts forward the basic system design of the securitisation of real estate mortgage in our country.