关于资产证券化几个理论问题的思考

众所周知,资产证券化是在英美法系国家产生并发展的,其制度上的设计以及整个运作过程都是以英美法系国家法律为背景。而我国是大陆法系国家,在引进资产证券化这一金融创新融资工具的同时,首先需要解决资产证券化与大陆法相衔接的问题,即法律方面的本土化问题,为顺利实施资产证券化提供充分的法学理论准备和支持。

Thinking about Theoretical Issues concerning Asset Securitization

As we all know, asset securitization originated from common law countries and also developed there. The design of asset securitization, as well as its whole operating process, is based on legislation in common law countries. As a civil law country, China should first think about how to link up asset securitization with civil law when we introduce such a creative financial means into China. That is to say, we should legally localize asset securitization so as to provide firm legal theoretical support for the smooth implementation.