Comparison On Certain Issues Concerning The Legislation Of Financial Leasing

Financial lease is a key link between modern manufacturing industry, the owner and user of the large industrial products and the equipment. Financial lease is the cooperation and interaction between the three parties, namely, the lessor, the lessee and the manufacturer, and sometimes even more parties. Generally speaking, financial lease form includes but not limited to sublease, leaseback, trust lease and leveraged lease. In the western developed countries, the relevant laws and regulations thereof are comparatively perfect as the financial lease has been in use for a long time. While in China, after40years’practice, many issues have been gradually emerging and the conflicts among the different regulations increasingly acute. For example, there exist differences among different regulation on the same issue. Although great efforts have been made in the perfection of the legislation in China, and a great progress has been made, the legislation has been lacking behind the development of finance lease. In order to solve these issues, firstly, it is necessary to establish a law framework, that is to say, to define the legislative model, and then the integration and perfection can be made under the model.The starting point of this thesis shall be the existing problems of financial lease legislation of China, and explore the experience worth our learning by introducing and comparing international conventions and legislation experience in some other countries.The thesis includes4chapters:In Chapter One, this author will outline financial lease by introducing the origin, the concept and the basic characters of financial lease, to straighten out the development issues of the finance lease so that the background and elementary knowledge shall be provide for later research in the following chapters.Chapter Two will contain the combing of the historical process of the financial lease legislation, analyzing the main issues in China’s financial lease legislation, which are the key starting points by which thesis will do the comparison research and exploration for perfecting the legislation as well as a clear thread of thought run through the whole thesis.In Chapter Three, this author will introduce and compare international conventions and domestic legislation on financial lease in major countries such as USA, UK, Germany and Russia by searching a lot of documents and data, in order to make reference thereto for the perfection of China’s legislation on financial lease in a later stage.Chapter Four is the core section of the thesis, and this author will analyze the existing issues of China’s legislation on financial lease based on the introduction and comparison the international conventions and domestic legislations on financial lease in other countries, and finally, this author will make suggestions for perfecting legislation on financial lease in China.