Legal Issues On Ship Financing Lease In China

Due to the globalization, the transformation of science and technology into productivity has speeded up, and market competition becomes fiercer. In order to maintain a favorable competitive position of shipping enterprises, our country has no alternative but increase investment through ship financing lease, thus to support updating research and development in new hi-tech ships, marine engineering equipment and key ancillary equipment. As a result, study of the law system on ship financing lease in China and to provide better legal protections for ship financing become problems that must be solved immediately.Compared with the legal theories on ship financing lease in other countries, our domestic study on this legal topic has yet to grow. In our country, laws and regulations on ship financing lease are loose, their overlap with other laws such as contract law, property law, financial law, maritime law, company law, etc., and disputes in the practice of ship financing lease contracts all compound the difficulty of the appliance of substantive laws and judicial adjudication.Under such environment, after taking a profound overview on the latest researches worldwide, based on foreign legal theories and methodologies on ship financing lease, and through the history of the birth and development of financing lease, this thesis describes the current situation of ship financing lease in our country, discusses the complex problems involved and categorizes these problems into aspects concerning contract, registration and risk, thereafter analysis are carried out relatively; then the thesis puts forward a model of ship financing lease in China. At the meantime, considering the limitations of the existing laws and regulations on ship financing lease, conflicts or gaps between relative department laws, the thesis proposes a legal system that takes the perfection of legislation, enhancement the tax support, strengthening risk management and supervision capability on ship financing lease as foundation, reconstructs the legal system concerning ship financing lease in our country, clearing away obstacles for its healthy development so that to ensure it becomes an important financing and management method of future shipping business, which not only benefits the development of financing lease in China, but also will play an important role in bringing the revitalization of shipbuilding industry, shipping business and other relative industries.