Research On Legal Regulation Of Real Estate Financial Lease In China

With the advancement of "innovation driven development" strategy,the domestic financial lease achieved grate development.Many companies are trying to find new space for development through innovation.And real estate financial lease has emerged.However,as a new thing,the real estate financial lease has not reached a consensus on the legal scholarship.Besides,our country has not issued financial leasing law,so that it is difficult to guide and regulate its transactions.This raises a number of questions,such as whether real estate can become a suitable financial leasing,property registration publicity issues,local government platform financing lease credit issues,and so on.The innovation practice of financial leasing needs the improvement and perfection of legal system in China.Therefore,based on "how to effectively regulate the real estate financial lease" as the target,this article carries on the research along the thought about "putting forward the question--analyzing the problem--using the experience to put forward the countermeasure".Firstly,this article puts forward the main research question,that is,our legislation is mainly related to the movable financial lease,but with the emergence of real estate financial lease,the current laws and regulations are is difficult to regulate the real estate financial lease.Secondly,based on our country's industry development,this article analyses the legal problems of the market access,market regulation and market exit,in order to specify the system requirements of real estate financial lease.Thirdly,this article draws lessons from the foreign countries,such as Italy,Spain,South Korea and other foreign country,referring to the legislative system and legislative thinking of foreign financial leasing legal regulation,in order to reference examples and inspiration.Finally,this article puts forward the suggestion: Before entering the market,it is necessary to define the specific scope of the "real estate" in the financial leasing,andto form an beforehand risk prevention mechanism.In the stage of market supervision,it should be unified regulatory standards,and improve the corresponding regulatory mechanism.In the stage of market withdrawal,the system of forced withdrawal from the market is introduced to improve the system of retrieving the leased property and improve the relief mechanism afterwards.In view of this article's conclusion,we can use the suggestion to guide our enterprises to carry out their business according to law.