The Research Of Lessor's Guaranteeing Mechanism In Finance Lease

The financial leasing emerged in the 1950 s in the United States.With its unique combination of financing and melting,the advantage of promoting financial services in real economy has been welcomed by all countries in the world.In the international capital market,the financial leasing industry has become the largest means of financing,except the bank credit.In the 1980 s,China introduced the financing leasing model.After a long period of ups and downs in its development,it has finally won the attention of policy makers in recent year.“Judicial interpretation on the choice of law in the handling of disputes over financial leasing contracts”,“Instructions of promoting the development of the financial leasing industry”,and other series of laws and legal policy documents,the financial leasing is developing faster in China.As of the third quarter of 2016,the total number of national leasing companies registered was 6392,with a contractual balance of 4.95 trillion Yuan and formed three major agglomeration development sites in China.(Tianjin,Shanghai and Guangdong).However,the financial leasing industry is still emerging in our country,so there is no specific law in our country to regulate it.Relevant laws and regulations are scattered in Property Law,Contract Law,Guarantee Law,Trust Law,Aviation Equipment Law and various judicial interpretations.These sporadic laws are difficult to cover the whole picture of the development of the economy.Lessor is an important subject of financial leasing transactions,which plays a connecting role in financial leasing transactions,connecting suppliers and lessees.Relative to the supplier,the lessor is the buyer,which make the lessee become transferee of the right to use the lease when relative to the lessee.The essence of financial leasing transaction is to realize "financing" in the form of "melt",so the lessor actually provides financing services for the lessee in the form of purchasing the leased property,and the lessor can obtain the financing amount and obtain the certain profit on time.The main purpose and interest lies.However,during the financial leasing process,the lessor takes possession and use of the lessee,and the lessee enjoys the right of tenancy,right of use and right of income on the lessee,and the lessor faces not only default risk of the lessee(for example,the rent can not be collected as scheduled),but also faces Right of the leased property risks and risks.However,the current legislation and judicial practice in our country have some problems in the protection of the rights of lessors,which is not conducive to the healthy development of China's financial leasing industry.Therefore,it is necessary to strengthen the study of the protection of the rights of lessors and the improvement of legislation.Apart from the introduction and conclusion,the full text is divided into five parts:Part ?: Legal risk overview of finance lease lessors.Expounds the general rights of financial leases and the risks and reasons of the rights of financial leases lessor.Part two: analysis of the status quo of the financing lease lessor's rights.Mainly on the ownership of the lease item,lease-financing lease the lessor the right of recall right,the rent charge legislative,administrative and judicial aspects of rights has carried on the brief analysis.Part three: the experience of the rights protection of foreign financing lease.Respectively,foreign financial leasing less against third-person provisions,the provisions of the financial leasing insurance system and provisions of the provisions of the bad debt reserve system to draw lessons from,the main reference countries are the United States,Japan,Canada and other countries.Part four: the construction of the system of guaranteeing the rights of the lessor.The ownership of the financing lease the lessor security system construction is legislation granting the normative financing lease contract and the strict review of the lease property,administration is to build a financing lease registration system;Financing lease security system construction is the lessor of the lease item recall legislation to give the lessee resulting therefrom,administrative authority to set up a compulsory insurance system,the judicial aspects applicable to regulate recall content;Improve the system of guaranteeing the leasing right of the financial leasing lessors,propose the legislation to stipulate the allowance system for the bad debts and promote the development of the secondary market of the leasing products,so as to ensure that the lessors' right to receive rent can be realized.