Research On The Financial Leasing Registration Of Railway Rolling Stock In China

At present,China's railway industry is at the stage of reforming the railway financing system,and domestic enterprises are actively exploring different models of railway locomotive vehicle financing leasing business.With the One Belt And One Road and high-speed railway going out,the international financial leasing business is also facing a broad market.As the subject of financial leasing,the railway rolling stock is of high value and wide range of movement.The lessor does not have the appearance of possession,and its rights naturally exist instability.An efficient publicity system is urgently needed to inform the third party of the attachment Status of rights.Internationally,through the form of conventions and protocols,it is proposed to establish an international financial registration system of the railway rolling stock.Based on this,this article starts with the development trend of China's railway industry financing,the law and practices of financial leasing registration,and analyzes the necessity of need for the registration,combined with aircraft and ship registration,foreign and international convention legislation experience,in order to provide legal and practical solutions for the improvement of China's financial leasing system and the registration of railway rolling stock.Structurally,this thesis is divided into six parts.The introduction in the first part introduces the background and significance of the thesis.The second part introduces the great development of railway rolling stock financial leasing,and summarizes the current status of the legal system of financial leasing registration in China.Secondly,it analyzes some questions of the registration of financing lease of railway rolling stock in China.In terms of law,China 's legal system for financial leasing is imperfect,and the lack of provisions on the registration of rights for railways makes the rights of lessors not legally publicized and protected by effective means.The management of the railway is special,making it difficult for the financial leasing registration agency to choose,the main body applying for registration and the content of the registration,and the validity of the registration.The third part confirms the necessity of establishing China's railway vehicle financing lease registration,which is not only conducive to the integrity of the domestic legal system,but also can standardize railway financing leases and integrate with the international system to expand the financing market.The fourth part focuses on the analysis of The Luxembourg Protocol Thereto on Matters Specific to Railway Rolling Stock and other countries,China's shipbuilding and aircraft areas in the field of financial leasing legislation.It is of reference significance to the legislative model of China's financial leasing transactions and the selection of railway rolling stock financial leasing registration content.The fifth part raises some suggestions for establishing the financial leasing registration system of railway rolling stock in China.In terms of system design,it is recommended to promulgate the the Law of Financial Leasing,amend the Railway Law and supporting regulations,and promote the signing of the protocol.In terms of specific content,it is recommended to make the People's Bank Credit Information Center become the railway rolling stock financing lease registration authority,which can conduct a formal review of the content of unilateral application for registration.The content of the registration includes the registration of the information of the lessor and the lessee,the identifiable railway locomotives,etc.The lessor's ownership cannot be opposed to the third party acting in good faith without registration,and the subject of the transaction with the railway locomotive has the obligation to inquire.The sixth part is the conclusion,a brief summary of the whole article,reiterating that the establishment of the registration system will be beneficial to the development of China's railway industry.