Research On Legal Issues Of Financial Leasing Factoring In China

At present,the financial leasing factoring has become an important part of the multi-level financing channel of the finance leasing company,which plays an important role in financing the financing leasing company and providing the exit channel,as well as optimizing the financial structure of the finance leasing company and solving the financing needs of the small and medium-sized enterprises.However,China has not yet established a special financial leasing factoring system,the legislation is lagging behind,the phenomenon is serious,especially in the financial leasing factual disclosure of the terms of the bankruptcy of the defective defect,the scope of the transferable claims is too narrow,The existence of loopholes and the lack of priority rules for the transfer of claims and other issues.At the same time,with the financial leasing factoring industry continues to develop,the number of disputes is also rising.The lack of legislation and the lack of lead to the trial practice of financial leasing factual dispute case,the jurisdiction of the jurisdiction of the litigation status of the parties can not be unified and many other issues need to be studied and solved more prominent.To this end,this paper to finance leasing companies and commercial banks "silver leasing" to carry out financial leasing factoring business as the object of study,through the basic theory of financial leasing,the parties at the time of legal relations,legislation and judicial practice The four aspects of the study,and put forward to improve and solve the proposal,with a view to help the financial leasing of the perfection of the legal system and judicial practice in the reunification of the reunification of the standard to provide reference.