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On Legal Regulation Concerning the Premium Sale Action in China
Author: ChenJianHua
Tutor: HuGuangZhi
School: Chongqing University
Course: Legal
Keywords: Local government debt Investment and financing local government enterprises Asset Securitization
CLC: F832.51
Type: Master's thesis
Year: 2011
Downloads: 140
Quote: 0
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Abstract
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Since the reform and opening up China's economy and society has made rapid development, the infrastructure constantly improve people's living standard continues to improve, new look of the entire social outlook. However, in the 30 years of rapid economic development process, the local economic construction funding gap is more and more obvious. The massive destruction caused by the financial crisis on the world economy since 2008, the Chinese government in order to maintain economic growth in order to alleviate the damage of the crisis on China, began to gradually relax restrictions on the size and number of local debt, local government investment and financing corporate debt scale rapidly expand. Such a huge debt of local governments not only hinder the government functions effectively buried a huge risk, but also for our country's future economic development. In the current context, if we are able to resolve the local government debt risk asset securitization technology, which is not only conducive to the healthy development of our local economy, there are also conducive to the prosperity of China's financial markets. View from the local debt asset securitization general practice, the only local government invested in many local government debt financing company has assets is asset securitization of assets, such assets to carry out asset securitization corporate real estate asset securitization is a lot of similarities, they are in its possession can generate stable cash flow in the future assets as assets to carry out asset securitization. Although the more mature business in a foreign country, but our country is still a relatively new thing, a lot of system design is still in the exploration process. This article will also benefit from the following four aspects to study the the securitization legal system of China's local government debt assets. The first part introduces the basic situation of China's local government debt, to illustrate the risks of China's local government debt is designed to allow readers to China's local government debt situation can generally understand and provide the logical basis for later research. The second part discusses the necessity and feasibility of local government debt asset securitization, the asset securitization technology is capable of an effective way to defuse the risk of China's local government debt. The third part of the analysis of defects in China's local government debt asset securitization system design that its major flaws, including a lack of asset securitization special legislation the true sale range is too narrow, special-purpose institutions recognized standard is too high, the credit the standard enhancement mechanism is not perfect, and insufficient protection of the interests of investors. Fourth part for the front to reveal the problem from multiple angles, the design of the system on how to improve the process of asset securitization, and noted that it should from asset securitization special legislation to expand the choice of true sale, reduce the special purpose vehicle identification standard sound credit enhancement agency Standard and mechanisms to improve the legal system of China's local government debt asset securitization.
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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Financial market
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