The Problem Research On The Risks And Prevention Law Of Automobile Financial Lease

The financial lease industry in China starts relatively late in China and has an imperfect development.With the continuous upgrading of the consumer purchasing power and concept and the incessant influx of capital,the automobile consuming market is entering into the development age with automobile finance as the star industry sector.Consumers' owning and using of automobiles with a more open way are influencing the layout of the automobile finance industry quietly and are driving the emerging business mode and corporation development of the automobile financial lease at an unprecedented speed.The development of the emerging industry needs the guarantee of the perfect market mechanism and complete law and regulations to promote the healthy development of the economy.However,the shortage of independent financial lease legislation in China at present results in the lack of the complete and specialized laws and regulations to regulate the financial lease industry.A series of legal problems in its operation are not solved efficiently.The legal problems of transaction security arising in the practice of the automobile financial lease need sufficient attention in particular.This article mainly researches the automobile financial lease questions from two aspects:First,conduct the research from the angle of the risks in the automobile financial lease transaction process in the movable property financial lease.In the three types of special movable property which applies to registered as antagonism,the shipping industry of ships and airplanes has international features and can be regulated by the relatively perfect Civil Aviation Law,Regulations Governing the Registration of Ships of PRC and other laws and regulations.But relevant laws for motor vehicle financial lease,administrative laws and regulations and supporting management system are not complete.Therefore,the perfection of laws and regulations in the process of automobile financial lease business is needed,so as to prevent the transaction risks and balance the interest relationship of parties in the process of automobile financial lease.Second,based on the existing motor vehicle registration and mortgage registration system and exploring overseas legislative experience,this article advises to perfect related law and regulations such as motor vehicle ownership and rental right and unite the motor vehicle management departments.Based on the limitation of the existing and effective financial lease registration system for movable property such as automobile,this article puts forward the opinion that the real right protection of the leased property in the financial lease registration can be conducted trough establishing an united financial lease registration platform in the existing registration system or through setting up a motor vehicle financial lease registration platform solely by traffic management department.At the same time,this article mentions the necessity of establishing a unified law for motor vehicle financial lease and makes some policy suggestions.