Research On The Financing Lease Registration

Financing lease has been called core industry in foreign countries. It comes when market economy develops in a certain stage. In the whole national economy Financing lease has a very important position. In developed countries, it to be seen as an important factor to measure the market economy mature or not.Financing lease has been developed for decades, but the boom period of this development is in recent years. Until 2014, there were 620 financing lease companies had been registered in our country. The Financing lease service are getting more and more attention. But Financing lease has a feature that property right and creditor’s right must be separated. So the lessor’s ownership of his lease can not get the proper protect. The existing registration in our country make the chattel divide into transport registration,the administration of industry and commerce,department registration, the notary department registration, The people’s Bank of China credit information centerregistration, according to the different nature of chattel. This makes Chinese Financing lease management of registration disperse. It’s not convenient for the management of lease, and also not good for the registration of Financing lease and party information query, even more, it can’t maintain the security of transaction. We got the most registrations of Financing lease in the people’s Bank of China credit information center, but this system does not get support from law, it had shortage in some aspects like opposing effect for the bona fide third party, and it also has a lot shortage in the protection about the lessor’s ownership of his lease. While this paper take this issue as the study object, try to discuss the possibility that use real case as the breakthrough point to built a common registration system of Financing lease, give some advices about how to improve the Financing lease system at this stage. The “contract law” provisions of the financing lease registration problem, and the “property law” also only stipulated the real estate registration system. China should has formed in the center of the people’s bank of China credit registration system on the basis of the law on financing lease registration system building and gradually form a unified registration system. At the same time, gives registered legal basis, and can be produced to a third person in good faith combat effectiveness.