Finance Lease Contract Research

As a new kind of transaction in the innovative field of finance, the financial leasing has got unprecedented annual average 30% of the high-speed development, with its more competitive advantage and important function compared with the traditional forms. It has become a new industry with powerful growth momentum nowadays in the world. The financial leasing contract is an important private law form of promoting the financial leasing trade. The Contract Law of People's Republic of China has already provided that the financial leasing contract is an independent contract, which still has some shortcomings and needs improving. On the basis of theoretical foundation of the financial leasing contract, this thesis analyzes the legal nexus of the financial leasing contract, special questions, the provisions on "the Contract Law" and offers suggestions of perfecting relevant legal provisions. The thesis divides into four parts:Part Ⅰ: Defines the concept of the financial leasing contract and probes into its legal characteristics. There are the differences between the broad sense and narrow sense of the financial leasing contract In this thesis, the author unifies these two definitions and thinks the financial leasing contract should adopt the broad sense concept, namely it includes tripartite parties and two contracts. Because the financial leasing contract has the legal characteristics of the traditional contract, meanwhile it also has its own uniqueness, this thesis analyzes its normal and special attributes.Part Ⅱ: Analyzes the rights and obligations of the tripartite parties and noncompliance and relieves in order to make readers understand the contents of the legal nexus in the financial leasing contractPart Ⅲ: Probes into three special problems. Firstly, the author discussions on the contract leaser's subject qualification. On the basis of comparing with the foreign provisions, the thesis points out the defects of " dual track system " of the subject qualification in China, and suggests that the People's Bank of China should approve the leaser power of management of financial leasing. Secondly, the author studies the lessee's right to claim. By introducing several legal basesand the reason of right to claim, the author points out it is more appropriate that" creditor's rights are amortized ", by analyzing to the 240th of "the Contract Law", the author also points out its weak and puts forward suggestions. At last, the author probes into forbidding canceling the contract midway and approves that it has been generally acknowledged by various countries, then analyzes the reasons why the clause exists and discusses exceptional situations.Part IV: Discusses the legislation of financial leasing in terms of "the Contract Law". Firstly, the author reviews the legislative process in China and introduces the main provisions about the financial leasing contract in "the Contract Law". Secondly, the author points out its defects and offers suggestions of perfecting them from several respects. At last, the author puts forward that adopting special mode of legislation is much better than perfecting and judicial explanaining of "the Contract Law" in ChinaIn a word, the author emphasizes mature and comprehensive financial leasing legislation will make enormous contribution to the development and prosperity of international economy.