The Improvement Of The Financing Lease Contract

Financing lease nineteen fifties produced in the USA. Financing leasehas got fast development in the countries all over the world as a kind ofnew-type trade way，and is paid more and more attention by domestic andinternational scholars.Nineteen eighties leasing was introduced to our country in our country,at first the considerable development, for our country to use foreign capital,raise capital utilization rate, solve enterprise equipment updated, technicalreformation and alleviate the pressure of employment has played aninestimable role. Enter90time later period, our country enters the politicalsystem reform, the government began to change the original execution, bythe government to assume responsibility for security in the leasing project,the government is no longer assume security responsibilities, thedevelopment of financial leasing in China to enter the period of stagnation,the1998Asian financial crisis appear, more to our country finance leasingindustry serious effect. In addition to our country has yet to have a special financial leasing legislation," contract law " the fourteenth chapter of thefinancing lease of part also made a comparison principle regulation, and inthe development of financing lease in the process there are still someproblems to be solved.Documents about financing lease at present are mostly explained infinance and economics,but few are carried on in the aspect oflaw.Documents of the law mainly concentrate on the difference in financinglease and traditional lease and on the rights and obligations of each party offinancing lease.This thesis regards financing lease contract as the research object.Onthe basis of absorbing and drawing lessons from domestic and internationalrelevant research results, the author proposes some views of himself.Thisthesis includes the following several respects mainly:Section One formulates the subject of legal relations of the financinglease contract and analyzed the financing lease law defined problem.Section Two deals with the object of legal relations of the financinglease contract and Mainly elaborated the financing lease law relation objectdefined problem. Section Three analyzes the content of legal relations of the financinglease contract major povisions of the financing lease contract andPrimaryanalysis of financing lease contract in the formation, discharge andtermination process in some legal problems, and proposed solutions.The last section puts forward the suggestion to the legislation of thefinancing lease contract and suggests regulating the financing lease contractparticularly in the Financing Lease Law in order to remedy the deficiency ofthe Contract Law. In addition to the development of financing lease law, theauthor also suggest other and financing lease law related laws andregulations should be perfected, such as financing leasing supervision lawsand regulations, financial leasing tax laws and regulations, financial leasingcredit, insurance laws and regulations etc.