Feasibility Study On Construction-in-progress As The Subject Matter Of Financial Sale-leaseback

As one of the pillar industries of our financial lease,construction-in-progress financial leasing plays an important role in supporting our national economy.Due to the lag of China’s financial leasing legislation and the incomplete legal interpretation,many questions becoming more and more important,like the ownership,the nature,and suitability of lease property,which affected the development of financial lease.Therefore,it is of great significance to guide the judicial practice and perfect the legal system to clarify the legal applicability of financial leasing transactions in this field.Based on question of “whether construction-in-progress can become the subject matter of financial leasing”,this article carries on the research along the path of “putting forward the question,then analyzing the question,and then putting forward some improvement measures ”,and then draw a conclusion: Article 237 of the contract law could be applied in the field of construction-in-progress financial lease.The argument in this paper consists of the following four parts.In the first part,the author analyzed the financial leasing law and practices with the method of quantitative perspective.In the second part,the author using the critical thinking method demonstrated the legal characters of the lease item,and explained that construction-in-progress can be an lease item.In the third part,the author analyses some typical theories and restrictive problems with the method of the empirical research.In the fourth part,the author provides a judicial method for court to clarify what is a competent lease item,and then puts forward some more comprehensive suggestion about the implementation Financial Lasing Regulations.