Research On Legal Control Of Financial Leasing Risk

The modern form of a lease financing lease originated in the last century fifty’s sixty’s America, became popular in Europe, the seventy’s popularity in Asia, but in China still to now has no specific legislative financial leasing. On the financial leasing transaction regulation is mainly through China’s "contract law", "financial company management approach", "Finance Leasing Company management approach", "Foreign invested leasing management approach", "enterprise accounting standards--lease", "Finance Leasing Company management approach" and some required to meet the need of judicial work issued judicial interpretation. Financing lease in the development of our country has experienced three stages, the introduction is the early stage of China’s reform and opening up. Because of the economic system of our country of this one period is in a hitherto unknown in the reform, the financial leasing a new way financial transaction nature is within sight but beyond reach. Whereas, in twenty or thirty years ago, Europeans and Americans take advantage of such a transaction mode fortune up this recognized by the world trading system- for economic development has played a positive role in promoting. At this time, however, our country only at the stage of foreign learning, blindly follow the trend of market transactions become the main manifestation of this stage; The second phase, since the nineties of the last century to the early twentieth century, relatively speaking, after a long-term comprehensive economic deepening reform of the financial lease rent such transactions, from the ordinary to the national level traders began to have a preliminary understanding that, in order to take advantage of this vibrant economy to promote China’s economic development. In addition to, countries need to create a laws and regulations really feasible for our country to regulate. Thus, this phase of the transaction entered a period of relative ease of development; The third stage, formal thanks to second stages, has since the beginning of the twentieth Century, at the legislative level, and gradually establish the supporting laws and regulations. Legislation has been security, long-term economic reform has also changed the economic landscape in the past. Therefore, the development of this stage of financing lease was showing signs of a recovery.In short, China has not established a complete and independent financial leasing law, some management experience and have worked in practice are scattered accumulated some administrative department or industry regulations. There is no formed systematic regulation system that is the transaction process in reality. In many cases, generally can not immediately find a solution, only through the temporary negotiation treatment, this makes the transaction of the participants in the process of trading center play. Thus, to control the financial leasing transaction participants how to use the existing legal system, especially the legal risks of the lessor in practice, have certain realistic meanings.Beside of the introduction and conclusion, this paper is divided into three chapters.The first chapter, the preliminary introduces the general theory of financing leasing transactions. The origin and development of financing lease, distinguish the financial leasing and related concept, and to explore the characteristics of financing lease, nature, function and the main transaction basic legal relationship, respectively, to answer the "lease financing from where", "what is the financial leasing", "what is the role of the financial leasing transaction", "what is the relationship between the main body in law". Answer these questions constitute a relatively complete theoretical system.The second chapter is mainly composed of external constitute legal risk analysis on insider trading may face legal risk financing lease transaction participants may face in the course of practical operation. The external environment and business laws and regulations that regulate the internal business risks one by one to analyze business risks through two faces, which constitutes a system of risk analysis system.The third chapter, through the analysis of the previous chapter, we know the specific risks existing in China practice and legislation and judicial interpretation. Then, the paper puts forward a solution to the specific risks in the process of practice and legislation on the outside of the financing lease law construction of risk control system.