Protection Of Lessor's Rights In Financial Leasing Under The Law Of China

The particularity of finance lease leads to huge risks to lessor's rights and interests in practice.The types of risk mainly include the lessee's failure to pay rents,unauthorized disposition,bankruptcy and liability for defects of subject matter.These risks are not conducive to the protection of lessor's rights and interests,nor to the development of finance lease industry.The lack of legislation related to finance lease has led to the failure to form a perfect protection mechanism for finance lease industry.China's laws and regulations and judicial interpretations involving finance lease provides a direction for the development of finance lease and dispute resolution.However,due to the shortcomings involved in the provisions themselves and the lack of corresponding supporting measures,they have not been effectively implemented.In view of the risks faced by the lessor in finance lease,it is necessary to combine with foreign theories and judicial practice to provide reasonable opinions and suggestions for protecting the legitimate rights and interests of the lessor and perfecting the relevant legal system.Therefore,the corresponding finance lease registration system needs to be sound.It must establish a unified registry,clarify the contents of registration,adopt a unilateral application model,conduct formal examinations and clarify the effectiveness of registration confrontation.The relevant system for the recall right of the lessor needs to be perfected.It must complete the circulation market of leasing subject matter to provide guarantee for the exercise of the recall right,empower the lessee to selfretrieval and judicial retrieval and establish a remedy for priority compensation when retrieval is not possible.