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信贷资产证券化是一种用资产信用取代了企业信用的融资方式,而目前我国所采取的信托模式暴露出我国现行法律和监管的原因导致信托财产没有强制性转移规定、信托财产转移的欺诈转让风险、信贷资产所有权转让和贷款服务机构控制等问题。鉴此,建议通过对信托法加以修改来保障信托财产所有权转移,避免欺诈转让认定;通过对信贷资产转让严格规定和监管,对贷款服务机构和受托机构之间的服务合同出台相应指引来完善真实出售规则;通过专门立法和功能监管,制定统一的监管理念,从而形成合法合规、风险可控的信贷资产证券化业务模式,实现对信贷资产乃至不良资产证券化的法律控制。
The securitization of credit assets is a kind of financing method which replaces the corporate credit by asset credit. At present, the trust model adopted in our country exposes the reasons for the existing laws and regulations in our country, which lead to the non-compulsory transfer of trust property and the transfer of fraud in trust property Risk, ownership transfer of credit assets and control of loan service agencies. In view of this, it is suggested that the trust law be amended to protect the transfer of ownership of trust property and to avoid the fraudulent transfer. Through the strict regulation and supervision on the transfer of credit assets, the corresponding guidelines for service contracts between loan service agencies and trustee institutions should be perfected Sales rules; through the special legislation and functional supervision, the development of a unified regulatory concept to form a legal compliance, risk controllable credit asset securitization business model to achieve credit assets and legal control of non-performing assets securitization.