Research On A Number Of Legal Issues About International Financial Leasing

International financial leasing is an important method for capital finance in the international market and an important way for economical transaction between countries. Nowadays when financial leasing develops increasingly, fund problems have continuously plagued the development of enterprises in China's modernization construction, so it is vital for China's economic development to realize how to broaden the financial channels, more and better use the financial funds of the international capital markets. However, China's inadequate understanding of international financial leasing and imperfect of the relevant legal system have become obstacles for the development of China's financial leasing industry. This paper conducts some legal research and discussion on international financial leasing, particularly an international comparison on the legal definition of financial leasing and Correlative legal issues. Analyzes and concludes the differences that causes of the legal definition of financial leasing in different countries and the difference of legislation, proposes and suggestions on develop China's regulation in financial leasing, expect to improve the relevant legislation of China and contributes to the development of international financial leasing in China.This paper is divided into five chapters:The first chapter emphases on the meaning, features and types of international financial leasing issues, and understand the characteristics of financial leasing through the comparison of the meanings and types of financial leasing in different countries, explicit on the meaning of financial leasing and international financial leasing.The second chapter mainly concentrates on the research of the transaction contracts of international financial leasing issues. Its characteristics are reflected by the terms and conditions in the transaction contracts, meanwhile the terms and conditions of the contract are directly related to the vital interests of the parties concerned, are proof and safeguard of their rights and obligations. It is, therefore, very important to promote international financial leasing by having a thoroughly debate on how to be compatible with relevant legal issues and government legislations, and how to protect the rights for all parties with its terms and conditions.The third chapter analyzes the various disputes about the contracts of international financial leasing and the corresponding measures taken for consequences beyond the terms and conditions in the contract, since the laws and regulations of international financial leasing are not perfect so as to provide the basis for the improvement of Chinese legislation on financial leasing.The fourth chapter comparatively analyzes financial leasing legislation of the major countries in the world and "Convention of International Financial Leasing" in order to absorb advanced international legislative experience and work out the laws suitable for China on the basis of fully grasping current situations and developing orientation of financial leasing legislation.The fifth chapter provides comments on how to develop its legislations on international financial leasing in China. There is no systematic and complete government legislations on "finance lease laws" in China and the relevant laws and policies are not coordinative and perfect. Therefore, it is necessary to have a constructive debate based on international experiences and the "Convention of International Financial leasing" of UNIDROIT", in order to promote and develop Chinese legislations.