A Study On The Legal Issues Of Financing Lease From The Perspective Of Small And Medium-Sized Enterprises Tenant

Small and medium-sized enterprises play an important role in our national economy,but because the development of social legal system is not perfect,the development of small and medium-sized enterprises to a certain extent has been limited and faced many difficulties,which urgently need to solve the difficulties when financing difficulties.At present,small and medium-sized enterprises in terms of bank loans or from the issuance of stock bond channels are difficult to obtain financing,and financial leasing as a form of financial innovation for SMEs to solve the financing difficult to provide,but China's financial leasing industry development It is very difficult for small and medium-sized enterprises to use financial leasing financing,and small and medium-sized enterprises are eager to solve the financing problem and explore the problem of financing the financing of small and medium-sized enterprises.Based on the basic theory of financial leasing,this paper expounds the meaning and characteristics of financial leasing,and analyzes the functions and functions of financial leasing,that is,the lessor,the lessee and the seller,respectively.Is the use of financial leasing companies to carry out financing to carry out the description.The following is a discussion on the status quo and legal issues of financing for the use of financial leasing business by small and medium-sized tenants.It can be seen that there are many shortcomings in the legal stipulation of small and medium-sized enterprise finance leasing,mainly neglecting the rights of small and medium-sized tenants insufficient.Financial leasing companies face large risk,lack of security,is not conducive to the use of financial leasing financing of small and medium enterprises.Moreover,long supervision is not conducive to the financing leasing company that is the lessor of the development and supporting system support is insufficient,financial leasing to be small and medium enterprises to use financing is very difficult.At the same time,this paper analyzes the problems faced by the two main bodies of finance leasing,and the finance leasing companies face the risk of ownership as the lessor,the risk of ownership,the risk of property damage and the risk of creditor's rights.The realization of the right of the small and medium-sized enterprises as the lessee in the process of financing Obstacles,such as the risk of the tenant's lease at the time of the assignment of the finance leasing contract,the bull supervision is not conducive to the financing of the finance and leasing business by the small and medium-sized enterprises.The supporting system of the finance leasing system is not perfect and the legal imperfection restricts the financing and leasing business of the small and medium-sized enterprises Therefore,this paper explores the ways to solve this dilemma,from the perspective of the finance leasing company as the lessor,the establishment of a mandatory publicity system to protect the lessor's ownership risk,the establishment of a mandatory The insurance system reduces the loss of the lesser.Reduce the risk of creditors to increase penalties for default,breach of contract to establish a sense of awe.From the perspective of small and medium enterprises to improve the rights relief system,improve the financial leasing supervision system and supporting the perfect system.In view of China's financial leasing industry is underdeveloped,"financial leasing law" is not introduced,improve China's financial leasing system,from the theory and practice to solve the financing difficulties of small and medium enterprises is necessary.