对信贷资产证券化信托设立中风险防控的法律探析

The Analysis on the Laws on Risk Prevention and Control in the Trust Establishment of the Credit Asset Securitization

信贷资产证券化是发展多层次资本市场和盘活存量资金的重大改革举措。我国目前相关法规对信贷资产证券化信托设立起到了规范引导作用,但在信托隔离和信托形式下的信贷资产转让方面仍存在一定的法律风险。做好相关法律风险防控,需要建立有效信托审查机制,加强信托财产风险隔离实施力度,切实落实担保债权转移方式。

The credit asset securitization is a major reform measure to develop multi-level capital markets and revitalize the stock funds. China＇ s current relevant laws and regulations have played an important role in regulating and guiding the trust establishment of the credit asset securitization, but there still exist some legal risks in the credit asset transfer trader the trust isolation and form. Com- pleting relevant legal risk prevention and control needs to establish an effective trust review mechanism, strengthen the degree of the trust property risk isolation, and really implement the guaranteed creditor＇ s rights transfer.