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The Legal Research of Mortgage-backed Securitization in China

Author: FuShanShan
Tutor: WangXianLin
School: Shanghai Jiaotong University
Course: Legal
Keywords: Housing mortgage loan securitization Risk isolation system Special purpose True sale
CLC: D922.287
Type: Master's thesis
Year: 2010
Downloads: 90
Quote: 0
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Abstract


Housing mortgage loan securitization is an important innovation in the field of international finance , the financial innovation on a global scale has injected new vitality into the development of the world economy . Our country in the process of the implementation of the housing mortgage loan securitization has made certain achievements , but many of the problems exposed in the course of practice , such as the legal system of housing mortgage loan securitization memory lack in certain conflict of laws as well as the system of effective legal supervision and risk control measures and other issues . The purpose of this paper is to explore the legal issues of housing mortgage loan securitization , combined with the phenomenon of the U.S. subprime mortgage crisis , their shallow views and suggestions from the legal aspects of supervision and risk prevention . The structure of the paper is divided into three chapters , organized as follows: The first chapter is the general theory of mortgage-backed securities , housing mortgage loan securitization theory analysis . First, asset securitization , housing mortgages and their characteristics , followed by the introduction of the basic principles of home mortgages , with a focus on housing mortgage loan securitization legal relationship with the business processes . Preliminary research , depth later do the necessary theoretical foreshadowing . The second chapter , the first analysis of the legal issues related to the special purpose Secondly , the analysis of the legal issues related to risk isolation mechanism . Finally , through the introduction of the U.S. credit rating industry , the analysis of the existing problems in China 's credit rating and credit enhancement . The purpose of this chapter is to explore the impact of housing mortgage loan securitization \The third chapter of the lessons of the U.S. subprime mortgage crisis , the analysis of external factors affecting the healthy development of China 's housing mortgage loan securitization , summed up the legal supervision and risk prevention for the securitization of housing mortgage loan useful inspiration . Only enhance the awareness of risk management , the establishment of effective information disclosure system and the financial regulatory system and from the behavior of institutional norms credit assessment institutions , in order to guard against systemic financial risk .

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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