A Study On The Legal Problems Of The System Of Ownership Protection For Financial Leans

In a leasing transaction, the leasee has the whole right to use of the leased property, although the ownership of the leased property belongs to the leaser. Thus, the leaser is in a vulnerable position that his rights are subject to be aggrieved. In order to promote the rapid healthy and orderly development of financial leasing industry in China, the perfect laws and related systems are necessary to protect the legitimate rights and interests of the leaser.This paper focuses on the present situation of legal system regarding protecting the financial leaser’s ownership in China. In addition, the corresponding systems in the United States, Germany, Japan and other countries are analyzed in this paper. On this basis, some suggestions about optimizing the Chinese financial leaser’ s ownership protection system are put forward. Namely, it is necessary to establish a modern financial leasing registration system, a leasing property retrieval system and related supporting system.In the first part, I analyzed the characteristics and nature of the leasing property ownership on the basis of analyzing the origin, characteristics and nature of the financial lease. In the second part, I studied the present situation of the regulations regarding the financial leaser’s ownership, including how the system of bona fide acquisition and the accretion rule influence the leaser’s ownership, and how difficult the leaser retrieves the leasing property. In addition, I analyses the present system of protecting leaser’s ownership. In the third part, I analyzed the regulations regarding protecting leaser’s ownership in the United States, Germany, Japan and other countries. In the fourth part, I putted forward such suggestions to improve the system of protecting leaser’s ownership in China that establishes the financial lease display system, the punitive damages system applied to the leasee, simplifies the existing judicial proceedings, establishes the special procedure to realize the right owned by the leaser to bring back his leasing property, establishes credit insurance system of the lessee and the lessee inquiry system, etc.