Research On The Identification Of Legal Relationships In Financial Leasing

Finance lease is a lease transaction,have double characteristics of both finance and things,and it is a kind of special trade of the combination of financing lease and traditional credit under the market economy development,have the ages and the society.Financing lease originated in the United States after world war ii,is a production of social and economic development,and in the 1980 s it was introduced into our country,in the past 30 years,financing lease developed rapidly in our country,has a great potential for market development.In recent years financing lease market share and trade amount are growing,at the same time also many problems appeared,the most fundamental problem is that the cognizance of legal relation of financing lease is fuzzy,whether in theory or in practice,brought a lot of trouble to research and development of financing lease.This problem as the research object,this paper summed up the present theory and practice problems of the cognizance of legal relation of financing lease,and through the further research and analysis,explore the method to solve the problem,in order to perfect the cognizance of legal relationship of finance lease in our country.This paper will be divided into the following three parts:The first part mainly introduces the concept and historical development of financial leasing,showing the main form of financing lease of the different historical stages,and analyzed the typical structure of financing lease legal relationship,discussed the difference between financing lease and traditional rental,bank loans,to Lay a theoretical foundation for the generalizing the main problems of the cognizance of legal relation of financing lease and putting forward some countermeasures.The second part summarizes the state and existing problems of the cognizance of,and it is the research focus of this article.Relative to other industries,financing lease itself has its uniqueness,can not be ignored,so it is necessary to cognizant the legal relation of financing lease accurately,but it is widespread in our country that standard is not clear,main performance for different normative documents has different definition to the financing lease,the coexistence of formalism and substantive,the debate of “one contract theory”and “two contract theory",these problems brings a lot of trouble to the cognizance of legal relation of financing lease.In addition,the problems of the cognizance of legal relation of financing lease around the lease item,has been is also a controversial issue.The third part puts forward some countermeasures to the improvement of the cognizance of legal relation of financing lease,and puts forward corresponding solutions of the above problems respectively.The cognizance of legal relation of financing lease to a particular subject matter,should to combine the actual situation and the essential characteristics of the legal relationship to determine.On the methodology,take the substantive,and then combined with the specific standards,such as free choice of lessee to the lessee item,the constitution of the rent,etc,to cognizant the legal relationship in essence.In the law structure of financing lease contract,“one contract theory” is adopted,that is to say,a financial leasing contract is a single and independent contract,“one contract theory” has the dual legitimacy on the theory and practice,is conducive to the cognizance of legal relation of financing lease.