Research On The Legal Risk Pre-control Of The Transfer Of Non-performing Financial Assets

At present,China's economy is in a period of rapid development,and the financial industry is becoming more and more active.The issue of legal risks in the transfer of non-performing financial assets has received increasing attention,which is mainly caused by non-performing loans of commercial banks,reflecting the outstanding problems in the capital marker of our country.With the continuous increase of new types of difficult cases,there have been many disagreements in judicial practice.The simple application of the “Contract Law” and the “Company Law” to the application of the law has strong restrictions and limitations,leading to different trial outcomes of the disputes involved in the case,which is not conducive to the adjustment of the relationship between national interests and social interests.At the same time,it may cause serious loss of state-owned assets and even affect the healthy development of the capital market.The purpose of this paper is to conduct legal analysis on the transfer of non-performing financial assets,deconstruct the legal relationship among them,clarify the legal risks involved,and provide a feasible plan for related disputes arising from judicial practice.From the perspective of three typical cases of disputes over the transfer of non-performing financial assets,this paper is divided into four parts to discuss.The first part is an introduction to the case and asks questions.The second part is the analysis of the focus of the transfer of non-performing financial assets legal relationship,from the basic legal relationship to the transfer of legal relations to deconstruct.The third part is to analyze the legal risks of the focal issues,including legal policies,procedures and transfer aspects.The fourth part is based on case analysis to draw conclusions of the study,while putting forward the inspirational pre-control suggestions.Through the analysis and study of this problem,the emphasis and difficulty in the case of the transfer of non-performing financial assets are clarified.It is hoped that the solution to the relevant disputes in judicial practice will be provided so as to better promote the development of the capital market.