住房抵押贷款证券化的法规监管分析

Legal supervisory analysis of housing mortage backed securitization

针对住房抵押贷款证券化的法律监督问题,应抽取现行立法中有利的规定进行整合;审查现行立法中阻碍证券化发展的规定,合理的调整和突破;对现行立法中没有规定而又为发展证券化所必需的制度加以确立;并建议要重点解决确立可证券化资产的范围,确立SPV的法律地位,明确住房抵押贷款证券的“证券”性质等五个方面进行了探讨。

In view of the legal supervision of mortgage baked securitization ,we should make use of the advantageous regulations of present legislation,examine the regulations which hinder the development of negotiable securities in the present legislation and make reasonable adjustment and breakthrough. We should establish some necessary regulations which do not exist in the present legislation. And it is important to solve capital scope of negotiable securities,establish the legal status of SPV and make sure the nature of the housing mortgage loan negotiable securities.