Research Of Legal Issues Of Financing Lease

As a new financing channels, financing lease in the economic booming now by more and more attention. Financial leasing contract is a finance lease transactions is the most important legal basis and form of expression, is different from traditional lease contracts, sales agreements, loan contract law characteristics, is a new, independent of the trade form. Although the law of the People’s Republic of China contract law, the supreme people’s court on the trial of financing lease contract dispute case applicable law issues of interpretation system of financing lease dispute issues such as the specification, but the existing system is still far cannot satisfy the rapid development of financing lease, disputes arising from the practice more.Common operating modes of financial leasing in China legal relationship research, summed up China’s current problems and obstacles existing in the financing lease business process, and further discusses, analyses and studies the measures to solve these problems and obstacles, thus for the development of financing lease in China, the effective approach for innovation, also to improve the financing lease business have the certain enlightenment function.In this paper, besides conclusion, the body has four chapters.The first chapter is the introduction part, starting from the development and present situation of financing lease industry, puts forward financing lease practice development needs to be combed and summarized, based on the financing lease research status at home and abroad and the domestic legislation evolution, the analysis of the status quo, it is concluded that by the end of march, 2015, our country already appeared a group of related to the financing lease system, preliminarily established a relatively complete legal system of the conclusion.The second chapter is the financing lease on the legal nature of the various views, points out that the financing lease is to cater to the economic life of a new, independent of the way to trade, financing lease relationship between legal adjustment mode of financing lease contract. Financing lease contract and the other similar named contract would easily confuse in practice, this chapter would research and analysis the difference between financing lease contract and sales contract, lease contract,loan contract from the perspective of rights and obligations.The third chapter is from the current laws and regulations must adjust the relationship between the financing lease contract is not supported by the applicable law, the diversification of the lease item caused controversy, guarantee mode diversification leads to the absence of the legal issues, the public means of four perspectives, such as non-standard problem of financing lease contract relations law adjustment in our country.The fourth chapter is we should improve the legal system for adjusting the financing lease contract, perfecting the relevant registration system is put forward from the two angles of the countermeasures and Suggestions to solve the problem of financing lease law in China. We should improve the legal system for adjusting the financing lease contract including clear scope of the lease item, clear the limits of financial leasing and lending, financing lease law promulgated as soon as possible, etc; Perfect the relevant registration system including unified finance lease registration system, establish a system of movable property ownership registration and perfect the chattel mortgage registration information system and so on.Conclusion part is the full text summary, emphasizing the financing lease as a sunrise industry, changing the practice in the emerging new problems, the existing laws and regulations is far not enough to solve the problem, in addition to focus on domestic legislation, but also pay attention to the formulation of international rules, thus giving our country with full guarantee financing leasing a good development environment.