Research On The Relevant Issues Of The Leoist 's Rights Protection In The Financial Leasing Contract

Finance lease is a new lease form, financial leasing industries have a rapid development in our country since the reform and opening up. Domestic and foreign investors are interested in China’s financial leasing industries which is a fresh piece of cake. The more rapid development of financial leasing, financial leasing contract brought more and more disputes. For more and more increasingly complex financial leasing contract dispute, the Supreme Court in November 2013 issued "interpretation on the trial of a finance lease contract dispute case law applicable to the problem."In the course of a finance lease, the lessor has ownership of the leased property, but the lessee has the right to use the lease. Therefore, financial leasing industries need to improve laws and regulations to protect the legitimate rights and interests of the lessor.This article is based on the analysis of financial leasing contract which the lessor’s rights have been violated problems, combined with judicial practice and the latest judicial interpretation of relevant legislation and learn from foreign experience, from perfecting related legislation to finance lease angle providing legislative proposal: the third person in good faith made clear whether the lease is really good faith; as soon as possible to establish a unified national registration platform chattel; clear retrieve content rights; to establish a sound lease used equipment market; modify the latest interpretation prevent others from drill legal loopholes. Hope to achieve the aim to protect the legitimate rights and interests of the lessor better.