Discuss On The Rights Protection Of The Lessee Under The Financial Lease

At present,China's economic development has entered a new normal,from high-speed growth to medium and high speed growth,industrial transformation and upgrading pressure.As an innovative financial instrument,financial leasing has the function of integrating two functions of Finance and sales,and can better realize the optimal allocation of resources.Through the financial leasing model can not only speed up the adjustment of industrial structure,but also promote the development of the domestic manufacturing power,and play an important role in realizing the blueprint of "China made 2025".The lessor and the lessee in the financing lease is the two most important subject in the transaction process,the ultimate goal of financial leasing is also for the money and goods,people intermediation so the lessee is the basis of financial leasing,the tenant right from the perspective of how to protect the entry.From the whole process of financing lease transactions,the lessee exercise of rights throughout the implementation of the contract,termination and transfer of the whole process,the referee case data analysis,found that the current disputes mainly focus on the liability for breach of contract,right of claim,right of rescission and the claim for creditor's rights after the transfer of the rights from the four aspects.In this paper,from the above four aspects,through case studies and extraterritorial legal reference,try to explore the legislative construction,in order to perfect the protection of the lessee's rights.This article is divided into four chapters.The first chapter,elaborated the case along with the development of financing lease financing lease business growth in the number of speed,at the same time financing lease of China's current economic situation has a positive effect,therefore,to deal with the financial leasing legal disputes attracted enough attention.Then,from the two aspects of the winning rate and the focus of controversy,the contrast shows the plight of the lessee's claims in the trial practice.The second chapter,summarizes the definition of financing lease law,respectively lists the lessee and the lessor in the financing lease of the rights and obligations,the financing lease is different from other legal relationship,the lessee is different from other parties,highlighting the financing lease of two contracts and three parties to constitute special tenant rights,and to solve the tenant rights dilemma lay the foundation for the later analysis.The third chapter,from the lessor,the lessee the right to claim the right of rescission,transfer of creditor's rights after the rights of inheritance in three aspects,comparison of extraterritorial financing lease legislation to the lessee in the current domestic financial leasing law under the framework of the analysis of difficulties in the perspective of China's lack of legislation.The fourth chapter,carries on the third chapter classification,in view of the existence of the practice of financing lease,lessee rights protection problems and the shortcomings of the existing legal norms,put forward some ideas and suggestions.