Study On The Comparison Of Finance Lease Legal System Between China And Kazakhstan

Finance lease is a kind of double financing and financial functions of the new deal, which is a stronger adaptability means of financing and is the result of market economy development to a certain degree. It sets to credit, trade and technology updates in one of the industry. China's finance leasing business has been more than 20 years from the 1980s onwards. China's finance leasing industry faces the reality of lacking of a thorough legal norms and protection. At present, China has promulgated a series of laws and regulations to standardize the leasing industry, such as the "Contract Law - finance lease contracts", "Leasing Company Management Rules," but due to different legislative intent, laws and regulations formulated by different agencies, resulting in the different understanding of finance lease, legal provisions of finance lease have a larger difference. Therefore, a special law is needed to coordinate the institution and implement of all relevant laws and regulations.This paper attempts to discuss finance lease on a number of important legal issues for an in-depth study, in addition, this paper compares and analyzes finance lease legal systems of China and Kazakhstan, not only relating to finance lease contract leasehold ownership problems, but also exploring financing lease-related regulation, taxation and accounting problems. By comparison and analysis, we have a comprehensive understanding the problems existed in China's legislative system of finance leasing. Kazakhstan is the country which has special legislation of finance lease. "The finance leasing of Kazakhstan"- the special lease adjustment of the special legal relationship- has played an irreplaceable role in attracting foreign investment and promoting economic development in Kazakhstan. Kazakhstan and China are geographically adjacent to each other, and have many similarities in economic development, so we can learn from their reasonable part to improve China's leasing legislation and provide legal support for the development of China's leasing industry.