Model And Legal Issues Of Shanghai Free Trade Zone Ship Financing Lease

“Model and Legal Issues of Shanghai Free Trade Zone Ship Financing Lease” argues such a view that establishment and development of Shanghai Free Trade Area has a positive role in promoting China’s legal system of ship finance lease development. Based on this view, the paper mentioned that the ship financial leasing will obtain developing opportunities with the construction of China FTZ, at the same time it should fully utilize this platform, and constantly improve and perfect laws and regulations. Standing in top-level design height, erected with Chinese Characteristics ship financial leasing framework, and breakthroughs from the international docking and legislation creating.The paper is divided into five parts, besides the introduction and conclusion, it focuses on the following aspects: First, the legal environment status of world’s major free trade zone that ship finance lease relying on; Second, the current mainstream international ship finance leasing model and law applicable; Third, the FTZ ship financial leasing laws apply and breakthroughs; Fourth, FTZ ship finance lease Settlement of Investment Disputes; Fifth, insufficient of Shanghai FTA ship Finance Lease induction and the future direction of research.In the introduction part that appears a general exposition of the topic and the main concepts that appear in the paper. Also the thesis writing reason, purpose, 2 research methods, problems to be solved and the main arguments will be explained, and research and reference in the field are sorted and reviewed.The first part mainly through listing the major international FTZ related shipping policies, contrast and learn from the advanced experience of the world’s major free trade zone, as well as shortages, such as companies in Hong Kong free trade harbor have convenience and investment promotion policy, financial system established and convenient e-commerce systems in Singapore FTZ, as well as function classification of main and sub-regions in the United States FTZ. Finally, states that development process innovations function orientation and legal regulations breakthroughs from the establishment of Shanghai FTZ.The second part reviews the major modes of the world’s ship financial leases, describes the formulating background and one of the major sections of the terms "International Financial Leasing Convention", and list the important effects; makes detailed overview and examples listing on the "German KG Mode", "UK tax lease mode " and " Singapore maritime Trust Fund Model ", analyze the pros and cons of the ship financial leasing system. After reviewing the several main modes, based on China’s current "Maritime Law", "Contract Law", "Financial Leasing Companies", etc., and some other scattered in some laws as well as some of the rules and regulations of ship finance lease system be exemplified, elaborated on the status of domestic legislation.The third part is to find the key aspects of the current FTZ in ship finance leases have been or will be a breakthrough, in the basis of the previous two exemplified and comparison. Such as the system innovation support and protection form financial reform in FTZ to finance leases in foreign exchanges, trade and split accounting; list existing tax preferential system to make clear ship financing and leasing business in the FTZ can enjoy tax benefits conditions; detailed state for FTZ finance lease property trading platform, asset securitization SPV and ship registration and other core functional policies, legal developing status and practice situations.The fourth part is mainly about the ship finance lease dispute settlement, which includes jurisdiction over a case to FTZ court as the main body, remedies cases and administrative cases under the jurisdiction of the Court to the FTZ as the main proceedings. This section will also discuss about the finance lease applicable terms in "China(Shanghai) arbitration rules of free trade test area", such as the arbitrator selection outside FTZ roster, emergency arbitration system, arbitration small, temporary measures to expand. Then related to Shanghai FTZ ship financing and leasing business could be further improved in terms of current and top-level design of the premise, to further improve and promote the systematic construction of FTZ ship financing lease work discussion, especially how to learn from foreign countries in FTA experience and ship finance leases, combined with Chinese characteristics, to carry out ship financing and leasing business.