Author(s)

Kai Ji

Affiliation(s)

China People’s Police University, Lang fang 065000, China

Corresponding Author

Kai Ji

ABSTRACT

As a financial innovation product, asset securitization has greatly activated the activity of the financial market and provided sponsors with a more flexible way to improve the balance sheet structure. However, due to the complexity of securitization products and the leverage effect, investors can easily become the ultimate bearers of financial risks due to information asymmetry. For this reason, it is necessary to improve the legal mechanism for investor protection based on the big data environment. choose. Whether for investors or other participants in the asset securitization market, bankruptcy isolation is a core system; real sales are an important means to achieve bankruptcy isolation. Starting from the nature of real sales, this article makes a distinction between secured financing and interprets its effect on bankruptcy isolation, and strives to explore the legal mechanism of investor protection in China.

KEYWORDS

Asset securitization, Investor protection, Real sale, Bankruptcy isolation, Financing guarantee, Big Data

CITE THIS PAPER

Ji K. Protection of Investor Interests in Asset Securitization Based on Big Data——Research on Legal Issues of Real Sale and Bankruptcy Isolation. Eurasia Journal of Science and Technology. 2019, 1(1): 38-44.

REFERENCES

[1] Andrew Davidson, Anthony Sanders, Lanling Wolfe, Anniqin. Asset Securitization: Construction and Investment Analysis [M], translated by Wang Xiaofang, Beijing: Renmin University of China Press, 2006. 

[2] Gan Yong. Comparative Research on Legal Issues of Asset Securitization [M]. Wuhan University Press, 2008. 

[3] Feng Xingjun. The transplantation of private trust in localization [D]. Wuhan University doctoral dissertation, April 2005, comparing the direction of civil and commercial law. 

[4] Fu Tongqing. Research on legal issues related to asset securitization risk isolation[J]. Market Weekly (Theoretical Research). 2008, (2). 

[5] Hu Pengxiang. Research on the Protection Mechanism of Asset Securitization Investment Interests [M]. Beijing: Law Press, 2007. 

[6] Ma Junju, Yu Yanman. The Original Theory of Civil Law (Third Edition) [M], Beijing: Law Press, 2007. 

[7] Jia Tongle. How does asset securitization realize the bankruptcy isolation of basic assets——from the perspective of the real sale of future cash income[J]. Journal of Changchun University of Science and Technology (Social Science Edition), 2014, 27(5).

[8] Liao Xionghui. Research on the Financial Risks of the Securitization of Credit Assets of Auto Finance Companies——Based on the Case Analysis of SAIC General Motors Finance Company [J]. Finance and Accounting Communication·Integration, 2013, (6). 

[9] Peng Xiaoqiong, Zhang Changlong.The legal identification standard of real sales of asset securitization[J].Heihe Journal,2009,(3). 

[10] Song Guanghui. Asset Securitization and Structured Finance-Beyond the Limits of Finance[M], Shanghai: Fudan University Press, 2013. 

[11] Xiong Jinguang, Wu Wenyong. Research on the Legal System of Financial Asset Securitization[M]. Jiangxi People's Publishing House, 2006. 

[12] Xu Duoqi. Legal issues of assignment of creditor's rights in asset securitization [J]. Journal of Wuhan University (Philosophy and Social Sciences Edition). 2004, 57(1). 

[13] Wu Zhiliang. Two major misunderstandings in the theory and practice of my country's trust asset securitization——Also on my country's credit asset securitization pilot program[J]. Modern Law. 2007, 29(2). 

[14] Zhang Zeping. Comparison and Reference of Legal Systems for Asset Securitization [M]. Law Press, 2008. 

[15] Lois R. Lupica, Asset Securitization：The Unsecured Creditor's Perspective. 76 Tex.L.Rev. 595(1998). 

[16] Bradford Anderson, Loan Participation and the Borrower's Bankruptcy. 64 Am. Bankr.L.J, 39(1990).