On The Perfection Of Legal System Of Financial Leasing Supervision In China

Financial leasing which originated in the United States in the middle of the twentieth century, with the sustained and rapid development, has become the second big financing field only behind bank credit financing. The financial leasing showed up in China in the 1980s, served for attracting foreign investments and introducing advanced foreign technology resources. Now the financial leasing has been developing for more than 30 years with rise and down, however, due to unscientific and unreasonable development, even fell behind with same developing countries. Since 2007,with the development of economic globalization and the deepening of China's reform and opening, our country's financial leasing industry turns into the right track. By the end of 2010,181 financial leasing enterprises have been set up in china, financing contract balance reaches 7000 hundreds million. With the continuous development of financing lease industry, questions and problems related to financing lease legislations and financing lease regulations are increasing. This paper aims to discuss how to develop a supervision of financing lease in china. This paper is divided into three chapters, through the introduction of the China's financial leasing basic situation and the discussion of the necessity of supervision at present and the difficulties supervision faced. the author will put forward some suggestions. on china's regulation of the financing lease supervision。The first chapter is the outline of the Financial leasing and its supervision. The first part, outline of financial leasing. In this part, the Financial leasing introduces the definition and function, at present Financial leasing industry generally recognize proved by practice and the financing lease of the different development stages of financing lease and China's basic development situation, including financing lease stage of the development of China's finance lease introduced the development and the regulation as well as the implementation of the measures have very strong significance. The second part, lease financing's supervision. In this part of Financial leasing, the concept and features of supervision is introduced and analyzed, and the author of the financing lease and supervision of the basic concept analysis, this paper summarizes the concept of financing lease supervision. In the analysis of the necessity of supervision, from the actual conditions of our country of financial leasing the necessity of supervision is discussed. The necessity for this chapter analysis of the key content, through the supervision of interpretation of necessity, and establish the financial leasing supervision of the value and significance of, this part is the logical starting point for this article and the premise of the argument analysis. Finally, from the economic and legal in two aspects of the theory of financing lease regulation explain.The second chapter is going to analysis the current situation of the financial leasing in our country's supervision legal system. The first part of Financial leasing, the legal system for the supervision of the status quo. In this part, the author discussed,respectively on the aspects of legislation, enforcement of the law and jurisdiction, the present situation of the Financial leasing supervision in this paper. The legal theory will the actual operation of law is divided into law the formulation and implementation of law of two parts. Perfect sound legal system not only need good legislation needs to be more practical implementation and applicable. This part, from the financing lease of the legislation history of the regulation of our country, this paper expounds the Financial leasing of supervision, and from the legislation law enforcement and judicial two aspects of the legal system for the supervision of financing lease situation analysis. The second part of financing lease supervision in China, analyzes the existing problems, separately from the main body of. the financing lease supervision not reasonable, the current legal documents are not unified and internal regulation is not perfect three aspects in our country, and points out that the financing lease regulatory shortcomings. The current regulatory main body has the ministry of commerce, the banking regulator, industrial and commercial bureau and other government agencies, the presence of the cross and dislocation; In the legal documents etc, and there is a legal effectiveness level and system design level problem; In the internal governance, whether the construction industry association or the corporate governance structure is not perfect.The third chapter is the supervision of perfect suggestion of Financial leasing in our country legal system.This chapter from supervision model establishment, regulatory body, legal perfect and clear internal supervision perfect and so on four aspects step by step further, this paper puts forward a perfect regulatory theory system. First of all. clear why supervision should be taken, what kind of pattern should be wide or should regulation, the strict supervision, the establishment of the model is to adapt to the situation of our country, also should adapt to the financing lease the different development phase requirements; Second clear regulatory body, who is supposed to supervision, the ministry of commerce and the banking regulatory commission to two of the main body of the authority and responsibility supervision shall be clear, and will the two parts and other government departments between the rights division, make clear balanced; Again, put forward the improvement of the legal supervision, which should publish the financing lease law ", also want to integrate relevant laws and regulations, the formation and perfection of the legal framework; Finally, more to be committed to internal supervision of perfect, both the industry association form a national unity and to perfect the financing lease of enterprise internal self-discipline mechanism. Philosophy speak through internal external cause a role, to perfect legal system will not guarantee the health of enterprise operation and development, and eventually still needs its own efforts, so, the final this paper put forward a company autonomy perfect requirements and expectations.