Theory Of Improvement Of The Lessor's Rights Protection System In Financial Lease

Financial leasing is a kind of financial model that combines financing and financing,taking into account the dual characteristics of Finance and trade.Once appeared on the show strong vitality,in civil aviation,communications,energy and other infrastructure construction and technological transformation of many enterprises have provided a strong financing channels.Due to the direct docking of the real economy,financial leasing can effectively prevent the formation of a financial bubble,which is highly praised by the way of financing.It is a sunrise industry in the field of modern finance.But in recent years,with the rapid development of the financial leasing industry,leasing business risk gradually exposure.The "seven year itch" argument,in the ship,such as iron and steel industry has seen signs.All kinds of problems will occur.More serious is the right to protect the lessor is not in place.The risk is far greater than its benefits,which will seriously dampen their enthusiasm.As a new force to promote the development of the financial leasing industry,the protection of the right is related to the long-term development of the financial leasing industry,which must be paid attention to.This article is from the perspective of the protection of the rights of the lessor.I try to find out the problems and the reasons.learn from other countries.Combined with the actual situation and put forward my own proposals.By referring to the practice of other countries and combining with the actual situation,I put forward my own proposals.In addition to the introduction and conclusion,the text is divided into three parts.The preface introduces the writing background and significance.Firstly,through the typical cases of financing lease,this paper introduces the current situation of the protection of the lessor's rights and its potential risks.These risks include the risk of the material,the risk of default,the risk of the third party's good intentions to obtain the lease,the lessee's bankruptcy risk.By analyzing the causes of risk,we can better solve the problem.Secondly,basic theory.Theory guiding practice.The specific contents are:analysis of the connotation of "finance lease" at home and abroad,the legal nature of financial leasing relationship theory and analysis of the legal nature of finance lease contracts,characteristics and legal structure,analysis of the financing lease contract the lessor's rights and obligations.Thirdly,from the perspective of the protection of the lessor's rights in the financial leasing contract,this paper analyzes the current situation of the system and laws and regulations,and tries to find out the remedy for the rights of the lessor in reference to the international experience.Such as the construction of China's financial leasing registration system,improve the system of financial leasing of property rights,improve the system of financial leasing and the right to take back the protection of the lessor,the introduction of compulsory insurance,etc.Hope to provide some meaningful reference for the future legislation in the protection of the lessor's rights.