Research On Legal System Of Auto Financing Leasing

The research focus of this paper is on the legal system of automobile finance leasing.In general,consumers' payment methods for car purchase can be divided into three types: full payment,installment payment,and financial leasing.The first one belongs to the sales industry,and the latter two are also called auto finance,which belongs to the financial industry.Today's financial leasing has become one of the main channels for foreign consumers to buy cars.In China,the automobile finance leasing business has just started,the industry rules and legal regulations are still not perfect.Based on the law of financial leasing,the author provides a proposal for improving the legal system of automobile financing leasing in China through comparative law research and combining the dispute cases existing in China's judicial practice.This paper first analyzes the registration system for auto financing leases.China's current laws and regulations do not make any provisions on the registration of financial leases.The registration system of automobile finance leases is theoretically supported by the theory of property rights changes.In practice,the rights of the lessor and the lessee are guaranteed.The problem that arises in practice is that according to the relevant regulations of the Ministry of Public Security on motor vehicle registration,the car needs to be completed by the owner of the car,whether it isactually driving,paying taxes,fines for traffic violations,change registration or transfer registration.The actual user is the lessee,and it is extremely unreasonable for the lessor to let the lessor as the owner of the car bear these responsibilities and expenses,and it will bring high cost and energy consumption to the lessor.In addition,the lessor is also exposed to the risk of third party acquisition in good faith.In this regard,the author proposes to establish a car registration system with separation of ownership rights.The reason is that from the current environment in China,it is still difficult to establish a national unified movable property finance leasing registration system.The car registration system with separate ownership rights can solve the urgent need.The registration of possession is to publicize everyone when the occupant and the owner are not the same person.The right has important legal implications.The author believes that,in the same way,it can be stated on the motor vehicle driving license that the owner of the car is the lessor and the owner of the use is the lessee.The registration procedure for the car is handled by the leasing company.In this way,the lessor can effectively protect its ownership through the registration of property rights,and the third party can clearly understand the ownership status of the car and prevent the lessee from disposing of the car privately.In the auto finance lease transaction,there are two kinds of situations in which the lessor can exercise the right of retrieving,namely,default collection and bankruptcy retrieval.In the case of default,the author argues that the composition and form of the lessee's breach of contract can be agreed by the parties in the financial lease contract.If there is no agreement,the lessor can exercise the right of retrieving only when the lessee defaults.In addition,the establishment of the lessor to exercise the right of default.In the process of automobile financing leasing,if the lessee defaults,the lessor should apply to the court to retrieve the car,and the tenant must not affect the normal use of the rental car during the application period.In the case of bankruptcy retrieval,the current law uniformly stipulates that the bankruptcy property does not belong to the lessee's property,which is unfair to the lessee.The author suggests that the ownership of the rental car at the time of bankruptcy should be discussed in terms of conditions,and the right to bankruptcy should be restricted tobetter protect the interests of the lessee.There is not much research on the right of rescission of the lessor in the auto financing lease in the theoretical circle.The author focuses on the reasons and methods of the lessor's exercise of the right of rescission.Starting from the fundamental purpose of the financial leasing contract,the author believes that the improper disposal of the car by the lessee does not necessarily lead to the failure of the financial leasing contract to be fulfilled,and should be discussed in different situations.If the lessee's improper punishment affects the lessor's rent claim,the lessor should have the right to dismiss;if the lessee's improper disposition does not affect the lessor's rent claim,the lessee's improper disposition does not result in The purpose of the financial leasing contract is not valid and the lessor should not be given the right to dismiss.In addition,for the nature of the lessor's right of relief in China's "Contract Law",the author agrees that qualitative as a sequence of relief rights,because it respects the unresolvable nature of the financial lease contract,and also maintains the transaction.In the judicial practice,the court does not support the lessor to raise the rent claim and the right to cancel the contract.The author believes that the provisions of the Contract Law seem to avoid the double compensation of the lessor,which will actually cause the lessor's interest to be damaged.Fortunately,the author A number of cases have been found to find that individual courts support the above-mentioned petitions at the same time,by requiring the lessor to exercise in order,to avoid accusation.The author hopes to promote the healthy and prosperous development of auto financing leasing business by improving China's auto financing leasing legal system.