On The Protection Of The Rights Of The Lessor Of Financial Leasing

After the Second World War,with the economic recovery and development,enterprises competed to reduce costs to enhance the international competitiveness of products.At this time,all countries wanted their economy to recover quickly.As science and technology progressed,the way of using some large mechanical equipment in production and business activities began to replace the traditional way of manual labor.Against such an international background,financial leasing emerged at the historic moment.At the initial development period in the factory,many companies which needed to use the machine didn't have the economic basis of one-time purchase of the subject matter while some large companies which had a lot of money purchased the subject matter specified by other companies and rented the subject matter out again.This not only reduced the economic pressure on the lessee,but also made them possess the subject matter.Of course,in such a transaction,the lessor also recovers the cost of acquiring the subject matter and earns profits after the lease term expires.At the same time,it also lets the seller get benefits in the whole transaction.This new form of transaction is the financial leasing.Financial leasing companies mushroomed all over the world and started to enter the Chinese market in the 1980 s.After the initial growth,the trend of development gradually showed a weak momentum.From studies on a large number of cases,it is not difficult to see that lessors are the majority group which have financial leasing disputes and even bring them to the court.This is because,in the transaction process,the renter as a bridge connects the seller and the renter who have no contractual relationship.Since the lessor is a special role in the transaction,it will naturally bear the pressures from both sides.Among them,the lessee brings more risks to the other side than the lessor does.However,though the lessor bears these risks,their legal rights are not effectively protected.This problem is worthy of academic attention and discussion,because we must make sure that lessors' rights can be better arranged in law.With the lessor's ownership protection and creditor's rights protection as the entry point,this paper first introduces the two most common cases of infringement of the rights of the lessor to put forward some suggestions for the protection of the legal rights of the lessor on the basis of fully drawing on foreign advanced legislative experience and analyzing China's national conditions.In the introduction,the research background,research objectives and main research methods are described,and case analysis,logic analysis and comparative analysis are used throughout the paper.The first chapter introduces the cases that cause the ownership risk of the lessor and the creditor's right risk of the lessor respectively,evaluates and analyzes the cases,makes a brief introduction to the legal status of the three parties,and then puts forward the way of protecting the rights of the lessor.The second chapter starts with the way of protecting the ownership of the lessor,analyzes the causes of the ownership risk and puts forward Suggestions on the protection of the ownership of the lessor through the analysis of foreign laws and the Chinese current judicial statusThe third chapter based on how to protect the creditor's rights of the lessor,analyzes the causes of the creditor's rights risk,and puts forward Suggestions on the protection of the creditor's rights of the lessor through the analysis of foreign laws and the judicial status quo of China.