Research On The Innovation Of Legal System Of Financial Leasing In Free Trade Area

Leasing and Finance industry has been emerged after china joined the WTO(worldtrade organization). Leasing and Finance as an innovative instrument emerged in the1950s in USA. It has been the second international financial instruments after bankcredit because it has features of finance and finance for equipment, and leasingcompany can master the claims and property rights. China leasing industry emerged in1981.Despit of the rough starts and ups and downs in the history stages, the industryhas achieved the certain result by Practice of and exploration more than30years.However, the contribution rate of China finance leasing to GDP growth is far lowerthan developed country which has got30%. China finance leasing has still faced largechallenges. The legal system as one of the four pillar cores, plays the most importantroles for the development of finance leasing. However, facing the lack of the ChineseFinance Law, the research of the law system is acute. This article will analyze thepresent situation on China finance leasing law status, FTA leasing system, combinedwith the practice of transaction demand, put forward suggestion for perfection andinnovation of finance leasing law system in FTA. Chapter1, the status quo of legalnorms in China Leasing industry. This chapter will take a historical analysisand inductive analysis to trace the legislation, judicial status, the existing industryaccess and supervision system and taxation system, and summarize the unique and thespecific finance leasing innovation highlights in the region. Chapter2will focus onthe core foundation of finance leasing system, which is the finance leasing contract, toresearch the three specific dispute issues in the practice and the legal levels. Thespecific issues are the identification and effectiveness issues for finance lease relations,the conflict right of leasehold and the two Litigation request issues. Through theanalysis of the main contradiction, then put forward the way to solve the problem.Chapter3, on the foundation for digestion, absorption and reference analysis about thelegislative, regulation and registration. Chapter4will advise on the innovationresearch of finance leasing law system in FTA, combing with China’s national conditions, especially the development opportunity of FTA, to look for thedevelopment of finance leasing legal environment. Proposal for the creative financeleasing law system in FTA include, focus on the legislative for the construction oflegal system, recommends on the establishment of a special financing lease law andunified management, the establishment of the lease registration system through aunified legislation and, the promotion on the construction of credit system for financelease. Finally, give a summary of this article, the construction of basic theoryabout finance lease law system is still in the initial stage of in China, and the financelease law system construction in FTA is in the researching phase too, but I haveconfidence, through all aspects efforts, a FTA financing lease law system or Chinafinance lease law system will have more development and perfection in the future.