资产证券化风险及法律规制

Risks of Asset Securitization and its Legal Regulation

资产证券化虽有实现提高资产流动性、分散风险等功能,但也存在一定的风险,包括破产隔离功能不能实现、资产风险、信息不对称问题等等。为此,应采取合理安排资产证券化结构、控制资产风险、加强信息披露义务等相应措施,并进行相应的法律调整和规范。

On the basis of the analysis of the asset securitization＇ s fundamental structure, this article concludes that the asset securitization improves the assets liquidity and diversifies risks, but it also has its own risks, including the attacks on the ＂ bankruptcy remote＂, the assets credit decrease, information asymmetry etc., and points out legal measures should be taken to arrange the structure of assets securitization in a rational way, controls assets credit risk and emphasizes the duty of information disclosure.