The Research Of Financing Leasing Legal Systems In China

Financing leasing,as a senior form of modern lease,originated from Europe,the United States and other developed countries or regions in 19 th century.Now it has grown to be the second largest financing tool just after credit and the securities.Financing leasing is the result of Financial Capital and Industrial Capital gradually fused together,which can directly alleviate the contradiction between the technological progress and poor equipment.As the "contract law","property law","financial leasing company management method" and a series of related laws,regulations and department regulations come on stage,it has laid a solid foundation for the development of Financing leasing,But it still cannot fully cope with all the problems.This paper try to comprehensively use the historical analysis and comparative analysis,study the legal systems of financing leasing in China.In this paper,the first chapter mainly discusses the concept of financing leasing and traditional rental,the main transaction type of financing leasing,the development course and current situation of financing leasing in China.Due to the financing leasing is a new type of financing tool,different departments catch the different understandings,Through comparing the financing leasing to traditional rental,we can have a better understanding to the essence of financing leasing transactions.The second chapter mainly discusses the legal relations and legal nature of the financing leasing.Since the birth of financing leasing,it's connected to rental,buying and selling,lending and guarantee,and in some respects they have many similarities.The characteristics of three parties(the lessor,the lessee,the seller)and two contracts(financing leasing contract and the purchase contract)is beyond the traditional sense of the contract relativity principle in civil law,it's difficult to adequately explain the financing leasing through traditional legal theory.Thus there are many theories try to explain the essence of financing leasing.It is these multi-angle research and exploration,let us more clearly learn about the legal nature of financing leasing.The third chapter mainly introduces the legal system in United States,Germany,Korea,Japan and other developed countries.Through learning the legal systems of mature financial leasing market,provide us a reference for the perfection of the legal system in China.The fourth chapter mainly introduces the current legal system,By combining with the practice of financing lease in China,to find out the problems existed and the deficiencies in the financing leasing law systems.At last,from the angel of practice,to find out the system value and shortcomings in “The Judicial interpretation of financing leasing contract dispute cases how to apply the law”,which is issued by the Supreme People's Court in February,2014.In the fifth chapter,I try to combine the present situation and the lack of legal system in leasing industry development,in order to put forward my ideas and suggestions to the perfection of legal system in China.