On The Bona Fide Acquisition System Of Financing Lease

The financial leasing of our country isbecoming increasingly diversified after 30 years of practice,by the end of2016,the total number of the rental agencies has reached more than 7400,thedevelopment scale of which industry is encouraging.Financial leasing hasbecome the closest tool connecting the financial sector with real economy.Butat the same time,a large number of financial leasing legal disputes alsobother the further development of financial leasing industry.Because of the characteristicsof the long-term separation of the financial leasing belonging with having anduse,a large number of cases happen that the lessee has no right to dispose ofthe lease to a third person.In recent years,a series of related legislativeand judicial interpretations have been introduced to promote the healthy andsustainable development of the financial leasing.The issue of goodwill infinance leases has been a matter of concern,and the Supreme People's Courtintroduced the latest judicial interpretation of thefinancial leasing in 2014and provided special provisions on the issue of goodwill in Article 9.Theinterpretation affirms the application of the bona fide acquisition system infinance leases,which is undoubtedly a better specification and reference tothe increasingly prosperous finance leasing industry.At the same time,althoughour Chinese "Property Law" affirms the bona fide acquisition system,due to the imperfection of the establishment of the publicity system closelyrelated togoodwill,a large number of cases happen that the third person getsthe lease in good faith during the financial leasing transactions,which bring great deal of trouble to the lessor.Certainly,the bonafide acquisitionhas already been recognized,the leasedenterprises cannot avoid this problem.The paper leads to the legal of the bonafide acquisitionthrough the analysis of financing lease inthe bonafide acquisition.The paper use the comparison method and draw lessons from other countries of finance lease registration legislation practice and legislative experience,put forward specific suggestions onperfecting the financing lease in the bona fide acquisition,and build concrete suggestions of financing lease registration system in Chinain order to improve the healthy and orderly development of financial leasing industry?The paper forming a unified finance lease registration publicity system,according the current status of the leaseitem registration,merger and innovation boldly on the basis of personal property in the center of the existing credit financing lease registration platform?The paper recognized the way of form censorship,put forward the form of notary public of the lease item,reduce the risk of audit error registration form,provided a new reference to solve the problem of the financing lease.