Research On The Legal Issues Of Chinese Civil Aircraft Financial Leasing Industry

The modern civil aircraft leasing industry began in the United States in the mid-20 th century,and later developed in the Western developed countries,and gradually adopted by most companies in the world.Chinese civil aircraft leasing industry was established in the 1980 s,although it has been developed for more than30 years,still has a great gap with the international development level.The reasons include the immature domestic capital market,the financing environment is not ideal,and the relevant legal system is not perfect,Chinese civil aircraft financial leasing industry is still in the initial stage of development,and the potential domestic market is monopolized by foreign companies.With the development of domestic aviation industry and financial leasing industry,Chinese civil aircraft leasing industry also faces unprecedented opportunities and challenges.Therefore,this paper will study from the following four parts.In the first part,taking the basic theory of civil aircraft financial leasing as the starting point,compare it with other commodity financial leasing,and analyze its characteristics in transaction contract and transaction mode.And then explore the advantages and risks of financial aircraft leasing from different perspectives.In the second part,I explored the development status of Chinese civil aircraft financial leasing industry,and summary the main SPV modes and characteristics from the experiences of Tianjin Dongjiang Free Trade Zone and Shanghai FTA.The third part focuses on the problems in the process of development of civil aircraft financial leasing industry and the restrictive factors.In the domestic,the financial supporting measures are imperfect,the favorable tax policies are lacking;the relevant legal system is not perfect,the specialized Financial Leasing Act is not promulgated.Internationally,the Convention on International Interests in Mobile Equipment and the Protocol on Specific Issues with regard to Aircraft Equipment,which were ratified by our country,are still in conflict with the domestic laws in the application in certain aspects.In the fourth part,in view of the development of domestic civil aircraft financial leasingindustry ahead of legislation and the impact of international conventions on the industry and related laws and regulations,I put forward some suggestions and countermeasures to promote the development of Chinese civil aircraft leasing industry:formulating specialized financial leasing act to perfect the legal relief system of aircraft retrieval and resolve conflicts with the international treaties;improving the financial laws and regulations to strengthen the financial support;strengthening tax support to reduce tax pressure;improving the company law on the provisions of the SPV.In addition,the financial leasing companies also should seize the opportunity to strengthen their own adjustment and development,broaden the financing channels,and improve risk management capabilities.