The Research On The Protection Of The Rights And Interests Of The Parties In The Financing Lease Contract

Financing lease industry in our country after recent years of development,industry scale is more biger,especially in recent years Internet's rapid development of the financial background.With the increasingly diverse financial leasing transaction mode,financial leasing products become more rich.The function of financing lease alleviating the folk financing difficulties will become more prominent.Financing lease transactions will be more convenient.It can update production equipment and improve the enterprise's capacity for independent innovation.This article mainly analyzes the following several parts,including the introduction puting forward in this paper,the research question which it can simplify the transaction process and save transaction cost through the financing lease rental the protection of the rights and interests of both sides.The first part in the text mainly analyzed the financing lease rights and interests of the parties in the contract,the process of financing lease and the legal characteristics of financing lease transactions.In a clear financial leasing contract legal relationship structure of three parties,the author of this paper study the protection of the rights and interests of both sides on the basis of combing the reality level.Body in the second part mainly analyzes the financing lease contract,which includes the present situation of the protection of the rights and interests of the parties,the clarity of the current country from the aspects of legislation and judicial practice of the relevant specification system under the influence of the financing lease contract of lease or the state of the rights and interests in China,and the comparative analysis of the protection of the rights and interests of foreign financing lease.The third part focused on the cause of the infringement,respectively introduces the geneses of the infringement of the right of ownership of the lessor.Based on the problem of the ownership of the lease item,it analyzed the necessity for registration of ownership protection and the financing leases of a lessor.The lessee's rights infringement is reflected in unreasonable distribution of quality defects resulting therefrom.The quiet possession of guarantee system is not perfect.The fourth part mainly analyzes the protection countermeasures of the parties' rights and interests in the financing lease.After analyzing the current status of registration system in our country,this article puts forward the idea of finance lease registration system in our country,which tries to strengthen the protection of the lessor through the improvement of the registration system,and make up for a lack of financing lease ownership of the lease item in the public place.It should take registration counter model to establish a unified finance lease registration authority through a form way.Due to the good faith system of ownership,it can avoid the lessor loss.Through the brief analysis of the creditor's rights of the lessor rent relief way,it can maintain the lessor's reasonable rights.To protect the legitimate rights and interests of the lessee,it should give the lessee a legal claim of the scheme.It should put forward a clear quiet possession of guarantee the connotation and scope the convention on international financial leasing legislation.It should set up the right flaw guarantee terms in order to protect the tenant quiet possession and use of the leased property rights.Finally it should define the lessee disposing of the lease item and the specific standard of fundamental breach,weigh the lessor's termination rights,and refine the standard of the tenant's rent returned.