The Right Of Parties To Rescind The Contract Of Financial Lease

Financing lease is a new form of lease.It firstly appeared in the United States.Since the reform and opening up,especially since its entry into the WTO,China's huge financial leasing market has attracted great attention from foreign investors.Financing lease is a kind of comprehensive transaction combining financing and credit.Financing lease plays an important role in economic development.However,there are deficiencies in China's laws of the relevant provisions of financial leasing contracts.Since there are differences between the rights and obligations of the parties in the financial leasing contract and the general leasing contract,the right of rescission of the parties in the financial leasing contract is also different from that of the parties in the general leasing contract.And there are special applicable rules.This article is a study of the right of the parties to rescind a financial leasing contract.At the same time,it analyzes and explains the part of the "Supreme People's Court on Applicable Legal Issues in the Trial of Financial Lease Contract Disputes Cases",which consists of seven parts:Introduction,Summary,the lessor's right to rescission,the lessee's right to rescind,the judicial interpretation of the parties' right to rescind,and the legislative thinking and conclusion about the parties' right to terminate the financial lease contract in China.The introductory part briefly introduces the current background and purpose of research,research methods and research significance.On this basis,the specific exposition of the text is elicited.The first part outlines a brief overview of the research topics,understanding of the concept,nature,and tripartite relations of the financial lease contract,starting from the perspective of previous research,analyzing the views of the predecessors,expounding the author's views and clarifying the financial lease contract.The nature and tripartite relationship provide groundwork for the specific discussion of the right to rescind the parties.At the same time,it clearly defines the current definition of the right to rescind,defines the scope and focus of the article and excavates the nature of the power of rescission.The second part starts with the discussion of the two parties on the basis of the summary of the first part.First of all,from the perspective of the lessor,the issue of the right of cancellation of the lessor is divided into three factors:the cause of the cancellation right,the exercise method and conditions and the exercise of effectiveness.On the other hand,each aspect examines foreign law and puts forward the author's viewpoints in light of previous opinions and is supplemented by typical case.The third part starts from the perspective of the other party,the lessee,and examines the causes of the cancellation right,the exercise methods and conditions,and the exercise of effectiveness.Each aspect examines foreign law and combines them with others.The viewpoint put forward the author's point of view and is supplemented by typical case arguments.As a result,the second and third parts are part of the discussion.The author clarifies the foreign regulations and practices and lays the foundation for the following recommendations.The fourth part analyzes and interprets the provisions of the Supreme People's Court of China regarding the judicial interpretation of financial leasing contracts of the parties'right to rescind.The part demonstrates the attitudes and opinions of scholars and at the same time studies typical cases,thus analyzes the clear attitudes of current legal provisions and triggers thinking.On the basis of the fourth part,the fifth department puts forward scholars' thinking and controversy on the relevant provisions of China's judicial interpretation.In light of the above foreign law practice and the views of Chinese scholars,taking into account the special features of financial leasing contracts,the author proposed legislative thinking and formed a legislative plan for reference.The conclusion part is a summary of the full text,which clarifies the content of the research and the purpose of the study,puts forward the problems that the research process expects to solve.Finally this part looks into the future that related research in the academic circles can be more in-depth.