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美国抵押贷款市场上,典型的侵害消费者利益的行为便是掠夺性贷款。对此美国从联邦到各州都有相应的立法,虽然一方面发挥了保护消费者金融权利的作用,但另一方面也存在不少缺陷。特别是在金融市场贷款证券化日趋泛化之际,面对证券化复杂的结构,原有法律架构凸显出明显落后于金融创新的不足。这些问题对于初始开展资产证券化业务的中国而言,无疑带来了许多宝贵的启示。
In the U.S. mortgage market, typical predatory consumer interests are predatory loans. In this regard, the United States from the federal to the states have corresponding legislation, although on the one hand to play the role of consumer financial rights protection, but on the other hand there are still many shortcomings. Especially when the securitization of loan in financial market is becoming more and more generalized, in the face of the complex structure of securitization, the original legal framework highlights the lagging behind of financial innovation. These questions have undoubtedly brought many valuable revelations to China, which started its asset securitization business.