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Research On The Range Of Leases In China's Financial Leasing

Posted on:2020-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y P XiaoFull Text:PDF
GTID:2416330578482661Subject:Law
Abstract/Summary:PDF Full Text Request
Financing leasing is a kind of investment that achieves the purpose of “financing” in the form of “melting”.Therefore,the “material” in financial leasing is very important.Leasing is a key issue for legal relationship confirmation.It has been the one of the largest financial instrument in China.Under the new normal of China's economic development,especially in the case of SME financing,the market demand for financial leasing continues to increase.However,China does not have unified legislation in the financial leasing industry.The industry supervision rules are different,and there are also differences in the normative documents between regions.Therefore,the financial leasing industry laws and regulations in China,lacking of high-level legislation,had no uniform standards.There are inconsistent rules,overlapping rules,and even conflicts.The subject matter is not clearly defined in China,such as what kind of subject can be used in financial leasing? This is still inconclusive in theory and practice.“The Financial Leasing Management Measures” issued by the People's Bank of China and “The Ministry of Commerce release The Measures” issued by the Administration of Foreign Investment Leasing Industry specifies different ranges of rental items.This paper explores the issue of the scope of the lease item.By reading many judicial cases,summarizing the characteristics of the case and the court's point of view,Trying to find out the definition of the leased property,that is suitable for social reality,and can be accepted and recognized by judges and enterprises,and also meet the legal.Based on the above-mentioned actual situation,this paper will explore the scope of financial leasing leased items suitable for China from the perspectives of judicial precedent,legal provisions and jurisprudence.This paper believes that within the legal definition,the subject of financial leasing should be maximized.For the innovative subject matter,it should satisfy the transaction purpose of the financial lease,and it must have the lease function;We should establish the industry rules that the real estate can be used as the lease item,but the real estate should also be distinguished.The factory buildings belonging to the production factors can be used as leaseholds.The houses to be traded and the buildings to be built should not be included in the financial leases;We propose to include intangible property(such as intellectual property,software,technology)that can transfer ownership and value,and innovative products such as biological resources with production value into the scope of the financial lease;As for the consumables,the attachments,and the things that cannot be specified,it is not suitable for use as a lease.Jurisprudentially,the subject matter of a financial lease should first satisfy the legal characteristics of the leased property and can assume the basic functions of the lease.In judicial practice,we summarize the judgments of the court from representative cases.The above conclusions are based on the premise of China's social and economic realities,based on judicial practice,and the scope and evaluation criteria of the leased property suitable for China's financial leasing market.
Keywords/Search Tags:Financial leasing, Lease of subject matter, real estate, intellectual property
PDF Full Text Request
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