Software Finance Lease Law Research

Software financial lease is a new type of transaction concerning financial lease which appeared with the development of information industry, especially the development of IT sector and software sector, and under the moderate developed financial lease market for the purpose of according with the gradually increasing purchase demand and continuously changing financing demand by the software user. On the one hand, it has dual attributes about trading and leasing, and is the representative of innovative finance business, just like other types of financial lease business;on the other hand, due to the unique character of intellectual property right, it shows new character in the transacting pattern and transacting structure, a little different from equipment financial lease. In this thesis, a method of comparative research is employed to discuss certain legal issues in respect of software financial lease.This thesis is divided into five parts. In the first part, the author introduces the definition and the development of software financial lease;In the second part, the author discusses the motivation for the occurrence of software financial lease, and analyses the basic effects for the appearing of software financial lease with the development of software and financial lease sector, and the demanding factors, as the direct economic motivation, by the software users;In the third part, the author researches the theory basis for software financial lease, mainly including the unique character of intellectual property right, the essentiality of financial lease as financing instead of others and the fading of the property title of leased things in financial lease;In the fourth part, the author discusses the legal status and transacting pattern concerning software financial lease in the countries with mature market, and analyses regulations and law in respect of software financial lease in America and Japan that both have developed financial lease business, as well as the transacting pattern in the American market and the recommended version about software leasing agreement issued by Japan Leasing Associations;In the fifth part, the author elaborates the status of software financial lease under our country's current legal system represented by Contract Law and Administration of Foreign Investment in Leasing Industry Procedures, and outlooks thecontents of law and regulations in respect of software financial lease in the future, and also makes some suggestions to the clauses concerning software financial lease, of Financial Leasing law being enacted.