我国资产证券化法律冲突与障碍刍议

资产证券化作为一种金融创新在我国的发展一直步履维艰,主要原因在于该领域所涉及到的银行、证券、信托、税收、破产等多领域的法律、法规中存在诸多法律冲突。通过专门的资产证券化立法搭建起我国资产证券化发展的制度平台,能综合解决我国资产证券化发展过程中的未来债权转让、SPV设立及运作、证券化资产"真实销售"、证券化资产信用增级等四个方面所涉及的法律冲突与障碍。

On Legal Conflicts and Barriers of Asset Securitization of Our Country

As a financial innovation, it is very hard for asset securitization to work well in our country. The main reason is that this field which related about bank, security, trust, tax, bankruptcy exist many legal conflicts between each other. The thesis mainly researches on the legal conflicts and barriers in four aspects of asset securitization which occurred in China＇s development process： future creditor＇s rights transfer, the establishment and operation of SPV, ＂true sale＂ in the securitization asset, credit enhancement of securitization assets, and finally attempts to put forward corresponding countermeasures and suggestions.