Study On The Legislative Improvement For Financial Leasing

As an important channel for financing, the relationship between Financial Leasing and real economy increasingly closely. Financial Leasing is playing an increasingly important role in serving the national economic restructuring and promoting economic development. But current financial leasing transaction rules has highlighted a series of questions in theory and practice, hindering the development of financial leasing industry. Mainly performed for the ill-defined concept of financial leasing, the variety of the qualification, unknown specified range of the object, inappropriate content regulation of the rights and obligations and so on. Therefore, this article intends to define the concept of financial leasing firstly, then focus on solving the controversial issues in finance lease transactions, at last, puts forward relevant legislative proposals- to formulate a uniform "Financial Leasing Law".The first chapter puts forward questions. On the basis of summarizing the current legislative rules, analyzing that the setting of the current financial leasing transaction rules has problems, such as the ill-defined concept of financial leasing, the variety of the qualification, unknown specified range of the object, inappropriate content regulation of the rights and obligations etc.The second chapter studys of the concept of financial leasing in our country. Through introducing and evaluating of our four pillars of financial leasing legislation on thedefinition of financial leasing, points out that the existing concept scope is too narrow, the different normative legal documents definite differently. By absorbing foreign and the international society advanced legislation experience, putting forward new advice to perfect our concept design rules.The third chapter analyzes the constitutive elements of the financial leasing legal relationship one by one, to explore the shortcomings of legislation and puts forward reasonable proposals. Firstly, for the subject, financial leasing legislation should change the existing legislation on the requirements of lessor, recognized the qualifications of natural person as the main lessee. Moreover, legislation shall clearly define the subject coincide transaction, such as sale leases, and leaseback and other new trading patterns. Secondly, for the object, the legislation need to unify the scope, such as if intangible assets, real estate and other special material can be regarded as the financial leasing object; As financial leasing has the characteristics of the separation of ownership and usage right, it often happens that the object is transferred without authorizing or be mortgaged. In order to maintain the security of transactions, establishing and improving the financial leasing registration system is the subject matter of the legislation. Thirdly, for the content, to summarize the the lessor, suppliers, lessee’s rights and obligations, on the basis of these provisions, advocates that the law shall perfect the retrieve right of leased property, broaden the liability of lessee for warranty liability, make a change for lessee’s claim right to legal right.The fourth chapter aims to solve problems. Through the discussion of the inadequate rules for financial leasing transactions legislation, the purpose of this chapter is to solve the above-mentioned questions. On the rout for improving financial leasing transaction rule mainly include: Firstly, by amending the "Contract Law" which set a chapter to the financial leasing contract; Secondly, develop "financial leasing law ", reconstruct the financial leasing transactions rules. On the basis of the analysis and summarizing of the relationship between the development of different countries financial leasing industry with the financial leasing transaction legislative model,proposed for the recommendation which adapts the development of the industry in China.