Legal Study On International Financial Lease

The international financial leasing develop from modern leasing, it is an important financial means and marketing method on international market, it is also an important way that a developing country to make use of the foreign capital. China has opened it financial leasing market completely toward foreign capital to implement it's commitment under WTO rules. This will impact greatly on China's financial leasing industry. But people understanding of international financial lease in our country is not enough, related legal system is also not perfect, these condition all became obstacles of our country's financial lease industry's booming development, therefore, study the international financial leasing become more and more important. Under this background, the author carries on a legal study to the international financial leasing; hope to have contribution to the development of our country international financial leasing.This text is divided into four chapters. chapter 1 mainly discuss the international financial lease law definition .As for the law definition of international financial lease, there is difference in different country. In China, on the legal definition of financial leasing there is not only difference with developed countries, but also conflict among local laws, there is disunity among countries , so, we should draw lessons from international financial lease convention ,give a unify definition to financial lease in law..Chapter 2 carries discussion on the property, characteristic and contents for the international financial leasing law relation. For the property of the international financial leasing, some scholars takes it as one kind of installment trade, some others think it as rental agreement, some look it as a trade with property guarantee, and some think it just a money-borrowed contract, etc. As the point of author, financial leasing is a special contract that owns it characteristic.Chapter 3 gives study to International Financial Lease Convention, rule of WTO. The development of international financial leasing pushed the construction ofinternational legal system of international financial lease, though its progress is slow moving, but still obtains some achievements. International financial leasing convention mainly give provision to the right and duty of the parties in international financial leasing business .At present, though the influence of the convention is limited, but it still have aggressive influence to the development of the international financial leasing lawmaking of many countries. The WTO bring the international margin leasing into the GATS means the further development of the international legal system of international financial leasing. Under rule of WTO, countries have to perfect it international margin leasing legal system.In chapter 4, the author concerned on how to prefect international financial lease legal system in our country. The research of the international financial leasing is not for research, but for how to perfect law system of international financial leasing in our country, to promote the international financial lease substantial development in our country. Our country still has not a special financial leasing law. Related kit law y also not to the utmost moderate and perfect, these not only baffling our country financial leasing industry development, also dispatches the WTO rules. To this, the writer suggest our country should study from international advanced lawmaking experience , make a special financial leasing law. At the same time, also perfect related kit laws, strengthen power of self-discipline organization of lease industry. In addition, in front of the trend of globalization, China also must cooperate with other nations or international organization , participate in the establishment and modifications of international rules of the international financial leasing , thus to protection benefits of our country's party.