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住房抵押贷款证券化是资产证券化的一种,所谓住房抵押贷款证券化是指银行业金融机构作为发起机构,以住房抵押贷款作为担保而发行住房抵押贷款证券,并投入流通的融资活动。发展住房抵押贷款证券化对我国的商业银行的发展具备深厚的现实意义和战略意义,但是由于外部环境和前提条件的不足,使得推进住房抵押贷款证券化(MBS)存在一定的金融制度障碍,为了更加理性认识中国发展MBS可能遇到的困难,以及进一步探索适应我国国情的MBS制度设计,笔者对发展MBS存在的法律问题进行了一些分析。
Securitization of housing mortgage loans is one of the types of asset securitization. The so-called mortgage-backed securitization refers to the financing activities in which the banking financial institutions act as initiators and issue mortgage-backed securities through mortgage loans. The development of housing mortgage loan securitization has profound practical significance and strategic significance for the development of commercial banks in our country. However, due to the lack of external environment and preconditions, there is a certain financial system obstacle to promote the MBS, To understand the difficulties that China may encounter in developing MBS more rationally and to explore the design of MBS system to adapt to China’s national conditions, the author makes some analyzes on the legal problems in developing MBS.