Improvement Of Legal System Of Construction Machinery Financing Lease

Financial leasing of construction machinery is prevalent as an innovative business model.By featuring both on financing and leasing,such financial leasing is popular in the market.And its legal attribute is rather special.This paper aims at comparing the current laws and regulations,analyzing the judicial practice,summarizing the plight and put forward the reasonable suggestions of the laws and regulations on financial leasing of construction machinery.This paper is divided into five parts.Part I: Introduction This paper discusses the research background,purpose and significance of research.By analyzing the current research progress of financial leasing of construction machinery at home and abroad,this paper establishes its research idea and basic structure by integrating a large amount of research data.Part II: Definition of Financial Leasing By comparing the definition of financial leasing in different countries and regions,this paper introduces the concept of financial leasing,and makes comparison with that of traditional leasing,installment payment and mortgage loan,moreover,it specifies the meaning of financial leasing.This paper illustrates the common mode of financial leasing during the current legal practice.Through the comparison of different theories,this paper discusses the legal nature of financial leasing,and concludes its legal characteristics from two dimensions both on surface and substance.Part III: This paper explains the concept of financial leasing of construction machinery which mainly based on the perspective of engineering machinery perspective,and analyzes its particularity.By comparing with other trading modes,this paper further specifies the concept and particularity,and draws a conclusion to financial leasing of construction machinery about its particularity.Part IV: This paper introduces the current legislation of financial leasing of construction machinery at home and abroad,it analyzes the current legal norms in China,and finally construes the legal remedy and dilemma of financial leasing of construction machinery from the perspective of remedy.Part V: Development Scheme of Legal System of Financial Leasing of Construction Machinery.Aiming at the current legal dilemma,this paper puts forward some suggestions on perfecting the legal system of construction machinery financial leasing in China from the perspectives of legislation,procedural protection and party relief.