The Research About Legal Problems Of Construction Machinery Financing Lease

Finance leasing business in the United States in the1950s. It refers to the lessoraccording to the choice of the lessee of the leased property to the seller to buy the rental of theleased property to the lessee, the lessor through harvest of the leased property acquisitioncosts and a reasonable profit to collect rent from the lessee, the lessee by the leased propertyuse to pay the rent and get the revenue to create economic value. This unique set of financingand financial matter combined trading patterns also can develop quickly in China.Construction machinery and leased property finance leases for the study, to illustrate theconcept of a finance lease, the nature, characteristics, and investigate such cases in the judicialpractice common problems and to make recommendations for improvement of our currentfinance lease legislation.This paper is divided into four parts.The first part introduces the concept, characteristics and nature of the finance lease, ofWhat Construction Machinery Financial Leasing made to define. That part also analyzes thenature of finance lease contracts, finance lease contracts and similar to contract. At the sametime, What is the advantage of engineering machinery, construction machinery, finance leasefinancing, and pointed out that compared to a ship, aircraft finance lease, finance lease of theconstruction machinery had not been enacted special laws and regulations to adjust.The second part of the current situation in China Construction Machinery FinancialLeasing analyzed construction machinery financial leasing contract between the lessor and thelessee to bear the risk characteristics of construction machinery financing the litigation,through judicial trial practice summary introduction,case hearing cycle, such proceedingsshowed an increasing trend.The third part in a full analysis of the lessor, the lessee rights and obligations under thepremise Construction Machinery Financial Leasing same case in the results of the differenttreatment for different People’s Court, China’s "Contract Law" Article248,249Application ofthe Law and the lessee the right to claim the problem were discussed.The fourth part is the two-point legislative proposals for Construction MachineryFinancial Leasing, which is one of the focus of this article. Combined with the administrationof justice on the basis of the first three chapters of practice to establish a clear prohibitedterminate a contract with the principles of necessity and construction machinery finance lease registration system for the establishment of the proposed legislation.