Research On The Protection Of Lessor' Ownership In Finance Lease

As an important means of financing,financial leasing has shown its strong vitality as soon as it appeared.It plays an important role in promoting industrial upgrading,expanding financing channels,and adjusting economic structure.It is a sunrise industry.Along with its development,disputes also accompany.At present,the disputes over the ownership of lease item have troubled the development of financial leasing industry.The lessor is the new force in finance lease industry,protecting their rights helps to enhance their confidence.The main rights of the lessor are the ownership of the lease item and the right to collect the rent.Therefore,it is necessary to pay attention to the protection of lessor's rights,especially lessor's ownership.From the perspective of financial leasing lessor's ownership,this paper analyzes the risks in the transaction,analyzes the reasons,summarizes the present situation protecting lessor's ownership and the problems,and according to the summary of experience at home and abroad,according to the reality of our country,respectively from the prevention and relief,put forward lessor's protection measures.In the process of writing,literature analysis,comparative research and case analysis are mainly used,and problems encountered in practice cases are analyzed to the study.This text consists of six parts.The first part is the introduction.The second part mainly introduces the main features of financial leasing and analyzes the legal relationship of financial leasing transactions.The third part mainly analyzes the risks faced by the lessor,including risk types,formation reasons and prevention path;The fourth part mainly introduces the status quo and problems of the legal system in China to protect lessor's ownership.The fifth part puts forward the measures to improve the ownership protection of the lessor.The sixth part is summary and prospect.This paper mainly proposes measures to protect lessor's ownership from two perspectives.Firstly,from the point of view of prevention,publicizing the ownership of the lessor.In the financial leasing transaction,the lessor only enjoys the "nominal ownership",while the lessee actually possesses and uses the lease item,which challenges the traditional real right publication method.Possession(delivery)cannot publicize the ownership of the lessor,which threatens the security of the ownership of the lessor.On the basis of the practice of the existing registration system,a unified financial leasing registration system should be established to register lessor's ownership in financial leasing transactions,so as to make up for the shortage of the traditional publicity method.Secondly,from the perspective of relief,the recovery right of the lessor should be improved.China's legislation provides the right of recovery of the lessor,including the right of recovery when the lessee goes bankrupt,after the termination of the contract and when the lessee defaults.However,the conditions for the exercise of the right of recovery are not clearly defined,and China's law on private relief conservative attitude.In practice,the lessor's right of recovery is subject to multiple restrictions,which is not conducive to the protection of lessor's ownership.To make clear the condition of the right of withdrawal is the premise.The guarantee of the right of recovery is to stipulate the way of self-collection and to establish the way of quick judicial relief.Stipulating that the lessee does not cooperate with the exercise of the right of recovery is an effective measure to ensure the lessor to exercise the right of recovery.This paper deeply analyzes the risks faced by the lessor's ownership in financial leasing,as well as the protection measures and existing problems of the existing system of our country.By improving the lessor's ownership protection system,we can reduce ownership disputes in financial leasing transactions,maintain the security and stability of transactions,and promote the long-term development of financial leasing industry in China.