Legal Research On International Financial Leasing

In the beginning of the article, the concept of international financial leasing is elaborated on the basis of the analysis of financial leasing. In addition, the legal environment around international financial leasing is briefly described. Then the author, on the criterion of respective character of concerning legal regulations, classifies the complicated legal questions on international financial leasing into two different but complementary parts. One part represents legal questions on civil case, and the other part represents those ones regulated by economic law. Furthermore, the author, first, from the prospective of private law, explores the legal questions surrounding the international financial leasing contract and the interest-balance between either of the financial leasing contract parties and any related third party. Second, from the prospective of economic law, the issues on policies of supervision, tax and accounting are attached to great emphasis. Meanwhile, from the angle of international trade on service, the author also inquires into the basic principles regulating contracting members on market-access policies, which are serving as the spirit of special agreements of WTO on international financial service trade. Throughout the article the legal comparative method and economic analysis integrated with legal research are adopted. After the consideration on several limiting elements against the development of financial leasing industry of China, the author puts forward the guiding ideology, steps and some detailed legal suggestions on how to set up legal system on financial leasing in China.