Protection Of Lessor's Rights In Financial Leasing

Compared with foreign countries,China's financial leasing industry started late,but it has a strong driving force behind,in promoting the growth of small and medium enterprises and accelerate the financing of capital plays an important role.Financial leasing legal relationship involving three parties and two contracts,and the lessor as a key link connecting the two contract,its position is very important,but it is also this makes its special status in the financing lease the lessor's rights with respect to the supplier(seller)and the lessee(lease the use of more vulnerable people),although our country's legislation and judicial interpretation on the rights of the lessor to protect,but there are still shortcomings of law enforcement is not in place,how to improve the protection of the rights of the lessor is very urgent,so how to better protect the rights and interests of the lessor,the normal operation of financial leasing it is particularly important.In addition to the introduction and conclusion,this paper is divided into four chapters.In the first chapter,the concept,content,property and object of financial leasing are analyzed and discussed in detail.At the same time,the financing lease contract and other contracts are compared in detail,explore from the nature of finance lease contracts,in order to the protection of human rights of pave the way.The second chapter mainly from the lessor and the lessee of the main position of rights and obligations are analyzed,starting from the law of contract law of our country and the financing lease of judicial interpretation and judicial interpretation,to clear the rights and obligations of the two,and to better protect the rights of the lessor.Make a concrete analysis of the damage risk of third chapter from the lessor facing the real right and the creditor's rights,leasing,and then for each kind of risk and the present problems are analyzed,and put forward suggestions in Chapter fourth to establish contact.The fourth chapter on the basis of financial leasing in the risk analysis,for the protection of the financing lease the lessor's lack of legal practice in China at the present stage,from the real right and creditor's rights and the lease of property damage protection of the lessor's recommendations,and then proposed the establishment of the leased property possession recallright the system of legislation,the lessee of the leased property punishment responsibility,will claim directly to the lessee and other proposals.