Legal Issues On Railway Rolling Stock's Financial Leasing System

With the rapid development of High-speed railways,the large-scale railway construction put forward higher requirements on financing.A financing channel with large scale and multi-participation will be needed for China to meet the big gap.Therefore,to study legal issues of railway rolling stock financial leasing is of great realistic significance.Financing lease is the creature of innovation of credit with the history of 60 years.Commerce and finance often become part action of the financing lease.With the operation of financing lease,the capital of industry and bank will receive combination,and better financing channels will be appeared.With the quick development of economy,the innovation model of financing lease comes out,which made the financing lease become flexible and widely used.It can be significate action if a model of financing lease that be fit for the character of Chinese railway can be found.Based on civil and commercial law and Convention on International Financial Leasing,this dissertation carefully analyses the important contracts involved in the financial railway rolling stock leasing and the supervision issues.With the rapid development of High-speed railways,the Globalization Strategy of China's High Speed Railway is playing an important role in our foreign trade.The Luxembourg Protocol Thereto on Matters Specific to Railway Rolling Stock has been adopted in 2007.China should take advantage of the commentary and push on the development of the High-speed railways and Globalization Strategy of China's High Speed Railway.The paper sets up Chinese financial leasing model in Railway Rolling Stock by analyzing the characters mentioned above.This paper is divided into six parts:The first part is introduction;it discusses the background of the paper,significance of theme,the aim of the research and the scheme of the paper.The second part,the paper finds the development,character,and applicability of Railway Rolling Stock's Financial Leasing System;it also discusses some basic the law theories of the Chinese financial leasing model in Railway Rolling Stock.The third part of paper lay out a detail analysis over problems in transaction type,scope of subject,relationship between finance lease and purchase contract,remedy for breach of contract before delivery of leased subject,tax law,registration of leased subject,system of bona fide acquisition,approval and monitoring and unify of industrial association.The fourth part of the paper discusses theForeign development and current situations of laws and regulated to railway rolling stock.The fifth part of the paper,discusses the suggestions to improve the framework of laws and regulations on railway rolling stock financial leasing.By the above study and analysis,this paper suggested setting up specific laws foe finance lease in China,with some additional special regulations.And there is some detail advice over specific problems noted in the third part.The sixth part of the paper is a summary of the paper.