The Research About Legal Problems Of Financing Leases

The documents related to the financial leasing are mostly explained from the economy and finance. There are not many documents on research of financial leasing specializing in the law issue of it. Documents related to law issue of financial leasing focus on the distinction of the modern, financial Leasing and traditional financial leasing as well as the rights & duties of the related sides in the financial leasing. Generally speaking, it is the starting period for the research of law issue of financial leasing in the world. There is no formation of the publicly-accepted and complete theory system. Financial leasing is the short way to introducing the new technology in the foreign capital. It could improve the efficiency of capital, increase the foreign currency, do balance to the international settlements, improve the investment structure of china and do favor in the innovation of international trade system. However, there lacks of management in the financial leasing field and therefore there appears some law issues should not be ignored. There should be matched law to regulate the financial leasing in the following facts:registered capital of financial leasing company, the source of capital, leasing period, financing way, financing amount, range of the leasing objects, depreciation of leasing objects and deal of breach issues and so on. PBC should monitor the financial leasing facility and make out the unified rules for the financial leasing also regulate the approval rights of the financial leasing facility and monitor the range of its business in order to terminate the chaotic situation of financial leasing practice for time being and establish a healthy and unified financial leasing industry for the service of china social modernization. This thesis starts from basic related law to financial leasing and analyze cases detail by detail so as that find crucial problems and offers related solutions to them。This thesis consists four parts:The first part is developed on the three typical cases and three major points under discussion in this thesis are put forwarded. The second part expounds the basic lawful theory of the financial leasing contract from the basic concept of and lawful characteristic of it as well as the major form of it in the practical deal. The author makes comparison in the definition of financial leasing contract between UK. USA and France and then the definition of financial leasing contract in China Contact Law is subsequent. On the expound above, the characteristics of financial leasing contract-two contracts and three sides-is displayed.The third part firstly gets the deficiency of the financial leasing contract law of China on the research of basic law theory and policy by comparison between countries. And then gives the reasonable solutions to the deficiency by combination of the typical cases above.The last part is to give advice on how to fulfill the legislation of financial leasing on the core issue of it and construction of law system.Generation and Development of Financial Leasing is the result of the much more critical competition of international financial market and also the output of immerging and expansion of the international financial capitals and industry capitals. It is playing an important role in the global capital, product market as well as international trade and investment as a new financial tool.With the fast globalization of economy, the capital and goods exchange no matter in form of quantity and speed have already reached an unprecedented extend. Financial leasing will set an special flag with its charm in the development of global economy. The author believes that mature and complete financial leasing law system is sure to offer the forceful lawful guarantee to the development of financial leasing and contribute to the prosperity of global economy.