On Our The Finance Leases Regulatory Legal System

For more than 20 years, finance lease was introduced has become maturity frominfancy, have become strong from weak and have played the vital role in the nationaleconomy development. But, finance lease is facing many questions in the developingprocess. In general, the proportion of lease is very small in the economy continuously,Low market penetration, and is coordination with the rapid development of China'seconomy. The third, finance leasing has been unable to follow the development,management practices, regulatory legal system deficiencies, seriously restricting thedevelopment of the industry. In the process of establishing socialist market economyin our country, it is always one of researching hot points about how to scientifically,the reasonably coordinated relations between state power and the market body. Basingon absorption, digestion, and drawing on foreign experience successful regulatory,combining the conditions of our country, revolving on our leasing and the legalsystem, the article uses different method, carries on the proof regarding this questionfrom the different angle, aims to find proper way to the bottleneck of our country'sfinancing industry that facing in the development.This article is divided seven chapters and altogether is nine parts in additionintroductory remarks and conclusion. From the history and reality, micro to macro,combining different theoretical and practical, the article studies on how to improvethe regulatory legal system of our leasing business, and to make the author's systemdesign recommendations. Main structure arrangement is as follows:The first chapter is the outline about lease. Using historical the method as well asthe historical materialism method, this chapter first makes a review to production anddevelopment of the lease in the world scope. The article obtains that lease has thefinancial nature through anglicizing and proofing definition, nature and characteristicof lease.The second chapter is the supervising and managing law system to lease andcomparative anglicizing on regulatory mode. First, this chapter makes an elaborationto regulatory system theory and focuses on researching financing lease regulatorynature of the legal system and legal relationship. The essence of the leasing regulationis that the national public authority intervenes on restrictions private rights. Itsessence is reflected in three areas, namely social areas law, economic law-basedidentity and social interests. Regulation of the legal relationship is macroeconomicregulation and control law areas. Second, this chapter makes a comparative analysisof several major regulatory models to the worldwide finance lease and aims to referfrom them. Finally, this chapter studies advantage and disadvantage of finance leasingand points out the major drawbacks to overcome to establish the regulatory system.Third chapter is present situation and reasons of the supervising and managinglaw system to our country lease. This chapter does a comprehensive research on thepresent situation of the supervising and managing law system in our country lease.Not only this chapter points out the history,the present situation of the supervisingand managing law system of our country lease, but also does research the flaw of thesupervising and managing law system of lease to our country and pointed out our thekey of the supervising and managing law system to our country lease. Finally, thischapter makes the detailed analysis on the reason of flaw of the supervising andmanaging law system to our country lease.Fourth chapter is the necessity and the feasibility of consummating thesupervising and managing law system to our country Lease. This chapter doesemphatically the detailed research on the necessity and the feasibility the supervisingand managing law system to our country Lease. First, this chapter points out thatimproving our legal system of finance leasing for supervision embodies in the parts:current conditions need, unique financial nature requirements of finance Leasing, thesuccessful development experience of finance leasing in emerging market countries.Second, this chapter points out feasibility about constructing finance leasing systemand studies this specifically. This chapter also introduces essentially " Lease Law ofthe People's Republic of finance lease" which is currently drafted in China.Fifth chapter is the overall principle and the goal of the supervising andmanaging law system to our country lease. First, This chapter carries on the proof ofthe reality basis to establishing lease the supervising and managing law systemprinciple. This chapter points out the basis that establish the overall principal and goalof lease the supervising and managing law system, i.e. the financial globalization, thefinancial nature and the development present situation of our country lease. Second,this chapter points out two overall principles of the supervising and managing lawsystem to our country lease, namely fair principle and moderate supervising andmanaging principle. It is concreted and thinned that the two principles contains in thischapter. Finally, this chapter points out that the goal of the supervising and managinglaw system to our country lease is unification moderate supervising and managing.Sixth chapter is the systems design of the supervising and managing law systemto our country lease. The chapter has carried on the detailed proof separately from thesupervising and managing main body choice, way determination of the supervisingand managing, the supervising and managing object, the supervising and managingcontent, the supervising and managing legal liability and so on. The chapter points outthe way of our country lease system, the method which lease the supervising andmanaging law system should adopt and so on. Finally, the chapter carries on theconcrete explanation to the difficulty about consummating lease the supervising andmanaging law to our country.Seventh chapter is other necessary legal systems of consummating thesupervising and managing law system to our country lease. The basis this chapterexists lies in that lease the supervising and managing law system is not an isolatedsystem, but is needs other a series of systems to coordinate. Following four big propsviewpoint about lease, the chapter provides suggestions that consummates legal,accountant, tax revenue system on the basis of present situation inspection in legal,accountant, in tax revenue system.