On The Prevention Of Legal Risks In Modern Financial Lease

Finance lease is a new independent transaction type, which has the dual characteristics of financing and financial matter, including leasing and purchase two trading links. Modern finance lease operating mechanism to break the existing structure of the transaction, showing a more diversified development. Finance lease transactions with longer term financing transactions, the lessee in possession of the use of the leased property during the lease, the lease with the tenant to buy the specific nature of special lessor rents to recover the debt depends on the tenant’s credit and solvency and other features. Thus, complex and long-term finance lease transaction will result in the diversity and unpredictability of financial leasing transactions throughout the course of the legal risks. This paper describes in detail the scope of the risk of a finance lease, the type, extent and on the basis of external manifestations, from a practical point of view to explore more ways and means to control the risk of financial leasing.The body is the main part of the article is divided into three chapters. The first chapter is an overview of the legal relationship of finance lease. Emerging modern finance lease product innovation, has completely broken the legal relationship between the structure of the traditional finance lease, only three parties to participate. The author introduces the new trends in finance lease legal relationship to the development of multi-party and practical significance. The second chapter is a finance lease transactions legal risk management and prevention. Specific legal risks and preventive measures to deal with the specific steps I follow the flow of finance lease transactions talk face. The third chapter is a new direction and the current development of modern finance leasing business legislation. I mainly put forward the development of China’s financial leasing legislative proposal from the relatively mature financial leasing structure with an international. China currently does not have a complete legal system involving finance leases, related laws and regulations are not perfect, therefore, it is necessary to learn from the advanced experience in legislation, the rich and the development of China’s financial leasing legislative system.