The Definition Of Finance Lease

Finance lease, also known as financial leasing, is a matter of legal, financial, taxation and other areas of industrial edge. It produced in the United States in 1952, because it can quickly and easily provide a number of financing for SMEs who can not obtain them from bank. It has tax savings, investment promotion,marketing and other functions.It has become the second largest after the loan financing. The CAAC utilized financing lease rental a Boeing 747 aircraft in 1980, taking the lead in the financing lease model into China, which is the starting point of Chinese financing lease. Finance lease tortuous course of development in our country, has experienced various stages of starting, industry consolidation, restructuring and recovery, however. Because of its vitality and economic development of a unique advantage, finance lease has revealed a unique competition in the financing market. It is showing a strong momentum of development, and its volume of business in China has ranked second in the world.According to international and domestic mainstream research ideas and research status, support development or financing lease for regulation of the four areas, is the department of civil and commercial law respectively, accounting, tax, and financial regulation. From four major areas, departments in our country's current situation, they are far behind the practice development of financing lease, or even to some extent hindered the financing lease of the situation, one of the most prominent performance is about the legal relationship of financing lease definition we confused the concept, differences and even conflicts between departments, such conflict between contract law and its judicial interpretation and accounting performance is most obvious. In addition, in the definition of contract law and its judicial interpretation to the nature of the lease item, the composition of the rent and other financing lease legal relations of the core concepts are rarely involved, lending to cause in practice through the financing lease in disguised forms, avoiding the phenomenon of national macroeconomic policy abound. So, this article mentioned from relationship between financing lease law defines the basic problems, and through the analysis of the domestic and international financing lease define differences comparing differences of reason, and from the comparison of the legal relations between the most similar to the financing leases in trying to find the characteristics of the financing lease is the most essential, exploring the financing lease to define the general principle and the general standard, for the further development of financing lease cleaning concept fuzzy, also in order to clarify the boundaries of financing lease and other legal relationship, lending to prevent name for financing lease is in fact a disguised form, avoid the phenomenon of national macro policy.I write this article mainly from five aspects, the first part mainly introduces the financing lease in the international and domestic development of a financing lease in the different period of development is the main form, for the following from the stage of development of different cause of financing lease is defined. In addition, in the four major departments in the specific definition of financial leasing law relations, through the contrast between see define differences and even conflicts, emphasis on contract law and its judicial interpretation to define the necessity of financing lease and specific definition, offer reference for the below. The second part introduces the extraterritorial legislation situation of financing lease is defined. By introducing the United States, Britain, Germany and the international convention for the definition of financial leasing, it is concluded that the cause of the differences, find out the different define different key point and the theory point of view.The third part, through to the second part to the different relationship of finance lease laws define detailed analysis, find out the main reasons for the differences.The fourth part, based on the discussion above, derived form of financing lease defining the legal relationship of forming factors, the most similar to the financing leases and difficult to distinguish between several trading systems, find the factors to defined standards.The fifth part, through the above analysis, gives legislative suggestions.