The Law On International Financial Leasing Risk Prevention And Supervision System

The international finance lease is a new kind of trade that Plays an important role in international financing and the developing countries attractting foreign capitals Compared with the traditional lease. But because the international finance lease have a financial nature and something with the foreigners or foreign affairs, so compared to traditional lease and domestic finance lease, it is more likely to cause various kinds of risks, and this will undoubtedly influence the safety and the development of the international finance lease. So it is valuable for theory and practice to research the legal measures of the risks prevention and the regulation of the legal system.In this article, the author uses the methodology of comparative study and empirical study to research the legal measures of the risks prevention and the regulation of the legal system. Chapter 1 is about the definition of the international finance lease and the risks it causes, and in this chapter, the author places extra emphasis on the definition of "international", commercial or credit risks, financial risks, political risks, and tax risks; In chapter 2, the author analyzes the inner factorsthat the risks arising from——credit ownership in detail, and proposes twoways——to prevent the risks by the parties and to supervise the industry by thegovernment——to control the risks in the international finance lease; Chapter 3 isabout the three kinds of typical risks in the international finance lease——the riskswith respect to ownership, repossession and insolvency, and the measures to avoid or control them. Chapter 4 are the domestic law and the international law about the regulation of international finance lease, and the advantages and disadvantages of the regulation, in hope to give some directions to our country. In chapter 5, the author introduces the present situation and the flaw of the regulation of the legal system of our country lease, and gives some reasonable proposals.In all, we have to avoid or control the risks to promote the development of the international finance lease. For this purpose, on one hand, the parties must have cognizance of the risks and the factors that caused the risks, and take measures to avoid or control them; on the other hand, the government must take measures of management and supervision to protect the safety of the transaction. For our country, the imperfect regulation of the legal system is one of the important reasons that impede the development of the finance lease, so it is very important to resolve this problem by learning the successful experiences of other countries. I hope that this article can give some helps for the development and progress of our country finance lease.