Finance Lease Law Research

As a new transaction, financial leasing grows rapidly in the area of the finance at present. Finance lease industry has become an important industry in the financial service and circulating realm. As a novel independent type of transaction, financial leasing has outgrown its relationships with its original transactions in many aspects, and has manifested it sown legal features and brought many new problems of legislation and judicatory. On such basis, with the extensive documentary review of the updated material, the author will discuss finance lease laws in China based on the analyses of the development of the foreign leasing industry in order to contribute to the perfection of legislation and development of financial leasing industry in our country.The thesis is composed of five chapters. In the chapter One, the author especially analyses the necessity of legal system research from three aspects. Firstly, lawmakers misunderstand the function of finance leasing, so it can't exert its economic function. Secondly, the development of financial leasing will bring all kinds of complicated legal problems, so lawmakers should tune up law incessantly. Thirdly, according to the legislative reality in China, it so necessary to carry out researches on the legislative problems.Chapter Two defines financial leasing and expounds the definition, and legal nature and presents domestic laws of several countries on financial leasing in order to solve the exact definition and understanding. For what is financial leasing, there are so many different explanations because each country has its own legal tradition and actual conditions. Firstly, the author introduces several kinds of definitions including the definitions of The United States, England and Unidroit, From that, we know that all countries has reached common ground in several aspects, although there are so many differences.The legal characteristic includes four aspects: 1.Lessee chooses leasehold by himself independent of lessor. 2. Lease period almost is the same as equipment's lifecycle. 3.Financial leasing contract can't be relieved and all rental should be paid even if lessee don't use leasehold before the period of lease finished . 4.the duty of the leasehold's defect guarantee should ascribe bargainor while the duty of the risk loss ascribes the lessee. After that, the thesis discusses two major divergent focuses about its characteristic and makes clear view.In the chapter Two, one of the most important problems is legal nature of financial leasing. On the whole, there are five kinds of views, which explain the legal nature of financial leasing from different aspects. On the basis of analyzing, the author thinks the theory of Independent transaction is most reasonable. The theory avoids considering that the holistic nature of financial leasing is spoiled because it is regarded as one of the existing legal relations.In the chapter Three, the thesis discusses the main content about legal system of leasing from the perspective of private law. The main legal problem about financial leasing contract lies in the private law realm. Financial leasing contract is so special, which is different from traditional leasing and has its own characteristics. So the thesis introduces its two characteristics. Because government attaches importance to the function of legal system and take the cognizance that law can offer a good safeguard to financial leasing, financial leasing has developed so rapidly and has spread to a number of developed countries. So in the second section, the author chooses the Unite State as a representative country. UCC Article 2A is the most important law that tunes up the legal relations of financial leasing. We should follow the example of UCC.In Chapter Four, the main topic is about the problem of the public law. Which actually should include administrative law, tax code, accounting law that support financial leasing, but the author only discusses theadministrative law touching upon three problems, inc...