Protection System Of The Lessors In Finance Lease

China's first financial leasing business,can be traced back to the beginning of reform and opening-known businessman and politician Mr.Rong Yiren in flood times among eye for gold by foreign financial leasing industry will be introduced.After the Third Plenary Session,he established the China International Trust and Investment Corporation under the support of Deng Xiaoping.Open the door now,more and more foreign investors started in various forms into our financial markets,our financial markets and technology,but also a competitive peers for our various industries in the country shortly after the financial rental industry,how to properly improve and enhance their own grow,how to protect the lessor finance lease from the macro and micro aspects of the challenges of this series is still placed in front of us.Financial leasing industry and the development of the market economy to flourish,a substantial increase in the number of financial leasing companies.In financial leasing activities as a lessor finance lease contract is a very important party,and both the lessee and the supplier have to enter into the lease contract entered into for the sale,lease financing transaction in which its interest in comparison claimed more susceptible to damage.This is due to financial leasing contract is a contract law typical contract involving three parties,two contracts,two contracts are interrelated and influence each other,and as the owner of the lease,the lessor is not entitled to possession of the leased property,use part of the proceeds and the power that was achieved by way of melting the purpose of financing,it is due to the separation of ownership and lead to power prone to default by the lessee,lease accretion,lease acquired in good faith by a third person,the lessee bankruptcy issues.The maximum contribution to the lessor,subject to a minimum of protection.Therefore,it is particularly important to protect the rights of the lessor,it can maintain transaction security,promote economic development,make full use of idle funds.Since the legal relationship of financial leasing constituted complex,resulting in the diversification of remedies.The law on financial leasing is not much,in addition to China's "Contract Law" has from two hundred thirty-seven to two hundred fifty fourteen states,primarily in 2014 on the settlement of financial leasing new judicial disputes the introduction explains,is conducive to further regulate the financial leasing industry.Overall,the laws of a small number of financial leasing,and specific provisions to protect the rights of the lessor to number fewer.China's financial leasing industry from the 1980 s to break now,due to various factors and a number of industry market acclimatized itself introduced from outside their own particularity,which leads the financial leasing industry has not been able to achieve substantial and sufficient growth.In fact,the cause of financial leasing market is unable to fast track the growth factor into the development from a variety of aspects,including the legal system perfect question,legitimate questions of the tax system and the long regulatory issues.But one important reason is that the current market and policy for the benefit of the lessor finance lease relationship can not be comprehensive and effective protection of the lessor to shoulder too much risk in the financial leasing process.Finance lease relationship the lessor,since the weakening of the lease ownership of the lease of a lack of expertise,the use of the leased property of unknown status and other factors,led to its weak position in the finance lease relationship,as opposed to for shippers only assume a lease and sell when there is a demand in accordance with the agreement with the legal guarantee of the lease obligation to repair its temporary,short-term obligations,the lessor in finance lease relationship must be from the beginning of the lease agreement until the Contracting end of period,the obligation to maintain a long state,therefore,want to ensure the smooth operation of financial markets to ensure financial leasing lessor relationship minimize risk is a top priority.This paper is divided into the following four parts:The first part is the introduction of financial leasing.The first section is the generation and interpretation of the historical development of financial leasing,financial leasing introduced especially in our historical development and the change.Section legal analysis of the meaning and characteristics of a finance lease.Section III is mainly legal nature and legal analysis of financial leasing.The legal nature of finance leases from different theories start by comparative analysis conclusions nameless contract,and finance lease was legal analysis.Section mainly from the macro and micro analyzes the problems and current situation of financial lessor.The second part introduces the macro regulation and protection of financial lessor.The first two sections is to analyze the legal status and the qualification issue financial lessor.Section III analyzes the main lessors how to improve the financing of the macro regulatory issues,the paper from the United States,France and other countries regulatory model start to our regulatory model gives his own advice.The third part analyzes the specific legal risks microscopic view of a finance lease.The first section from the rights and obligations of a financial lessor start,Section II focuses on the risk financing lessor Property,a detailed analysis of credit risk III lessor,which is divided into the expected default risk of material breach risk analysis for the specific protection under way part of the theoretical groundwork well.The fourth part of the first part of the microscopic legal risk for the proposed route of protection.The first section presents protection against Real risk way to build a sound in the form of finance lease review registration system and the establishment of a unified registration system of the national network.Section specific to credit risk proposed ways to expand the legal protection of the right to rescind the order and the establishment of the right of cancellation.