Study Of Engineering Machinery Financing Lease Law Problem

Financing lease produced in America in the1950s. Because of the financing lease itpossesses the characteristics of the finance and it, soon adopted by trading practices for allcountries.Engineering machinery is suitable for using financing lease this way of selling the reason:on the one hand, finance lease has the ownership of the equipment and equipment using theseparate property of engineering machinery sales way to take this way to make risk controlability of engineering machinery financing lease company; Engineering machinery andequipment, on the other hand, the value is big, long service life, with a specific attribute of thefinancing lease\"financing\". Of engineering machinery financing lease in China started in2004, the major power for the economic development of China. Therefore, based on theengineering machinery lease financing as the research object, analyzing the concept ofengineering machinery financing lease, nature, characteristics, classification, etc., whichmakes everyone to what is of engineering machinery financing lease have a deeperunderstanding, and then highlight the analysis of the existing financing lease law regulationlegal problems. Finally, using the knowledge of the law theoretical knowledge and practicalexperience in study, in view of the existing problems and make proposals for perfecting.This thesis is divided into three parts except preface and conclusion.The first part, engineering machinery summary of the basic theory of financing lease.First of all, through the concept, characteristics, legal nature and the classification of theseveral aspects to discuss finance lease related theory knowledge, and the concept ofengineering machinery financing lease, characteristics and specific classification. Second, bywill of engineering machinery financing lease compared with bank mortgage and installmentof engineering machinery financing lease and the two different. Finally, the paper analyzes theengineering machinery in our country finance lease contract dispute presented in recent yearsand the reason for the increase of the five characteristics of and the number of disputes.The second part, the project mechanical problems of financing lease law system. First,introduces the legislative status quo of financing lease, us, Japan and other countries have notset up special financing lease law, practice by apply to related department to solve the dispute, and France issued a financing lease special laws. Each country financial leasing legislationpattern is different from for the legal nature of finance lease have different understanding andthe understanding. Due to various reasons, And, because the relevant legal norms formulatedthe different main body, the financing lease in our country there are a lot of factors notconducive to the healthy and orderly development of financial leasing industry. Secondly,analysis our country finance lease concrete problems existing in the current law regulation.Because of engineering machinery financing lease is one of the financing lease of concreteform, and in view of the special regulation of engineering machinery financing lease, in thepractice of financing lease of the relevant provisions shall be applicable, mainly expounds thefinancing lease law regulation and current problems, and embodied the characteristic of theengineering machinery. Specific questions are: exit a mechanism of engineering machineryfinancing lease company access inconsistent; The financing lease access to the examinationand approval and regulatory and machinery in our country, therefore, engineering machineryfinancing lease in the regulation of regulatory agencies and regulatory standards are notuniform; Not clear lease property right belongs to the registration authority and the lease itemin good system; When tenant late payment lessor option chaos; Where the lessee earlytermination of the scope of damages of how to calculate and so on.The third part, perfect the legal regulation of engineering machinery financing lease ofspecific recommendations. This part, according to the third part puts forward the relevantissues of improving Suggestions one by one. First of all, from the legislative model of Frenchfinance lease financing lease ZhuanMenFa, issued by other legal norms as auxiliary, in orderto lay the financing lease the complete legal system in our country. Second, the Suggestionsare put forward according to the specific problems in the legal regulation: to promote thehealthy development of financial leasing industry, must be unified engineering mechanicaladmittance exit mechanism of financial leasing companies, for our country of engineeringmachinery financing lease provides the platform and environment of fair competition; Unifiedfinance lease regulatory agencies and regulatory standards; Lease is real right registrationauthority is not clear, can be isolated from existing state agencies a department or set up a newdepartment to make up for the lack of this part; Change the lessor filed for the choice of howto choose can solve the lessor option confusion early termination of the lessee and the lessor damages cannot calculate embarrassed; Although our country financing lease industryassociation has been set up, but after all is in the primary stage, need to learn from theadvanced experience at home and abroad to promote their own development, make oneself toplay a bigger role in strengthening industry self-discipline.