Research On The Legal Risk Control Of The Lessor In The Financial Leasing Transaction

After 70 years of development,financial leasing industry,which rose in the United States in the 1950 s,has become the most common and basic form of non bank finance in the world.In the 1980 s,financial leasing entered China’s financial industry through reform and opening up.The financial leasing industry expanded international economic and technological cooperation and exchange for China,opened up new channels for foreign capital utilization,and absorbed and introduced advanced foreign technology and equipment.With the vigorous development of financial leasing industry in China,the relevant laws of financial leasing are becoming more and more mature,which plays a significant role in protecting and regulating China’s financial leasing industry.Among them,the legal status of the lessor in financial leasing is particularly special and important.He is the initiator and promoter of the whole financial leasing transaction.The protection degree of the law to the rights and interests of the lessor is directly related to whether the whole financial leasing transaction can be carried out smoothly.Before the promulgation of the civil code,all kinds of relevant laws on financial leasing reflect the weak party’s interests The protection of the lessee ignores the protection of the rights and interests of the lessor.Therefore,for the rights and interests of lessors,which play a key role in financial leasing transactions,this paper will summarize all kinds of legal risks faced by lessors in financial leasing transactions,and combine with the existing financial leasing related laws and regulations as well as the upcoming "Civil Code" to deeply study and understand the transaction risks of lessors and the legal remedies.This paper will be based on the existing legal system and the judicial practice of financial leasing transactions,based on 40 typical financial leasing cases of the Supreme People’s court,this paper takes a large number of representative cases of court judgment as the research object combined with foreign advanced financial leasing legislation system,summarize the various risks faced by lessors in China’s financial leasing transactions,and finally,analyze the protection of the rights and interests of financial leasing Lessors in the legislation and department This paper also puts forward the relevant theoretical suggestions and legislative countermeasures.By summarizing the legThe first part: Summarize and analyze the origin and connotation of financialleasing.This paper expounds the rise of financial leasing industry and its development in China,and then analyzes the formulation and regulation of relevant laws of financial leasing.This paper summarizes the connotation and classification of financial leasing contract,and the important position of the lessor in the soft landing contract.The second part: The real right risk of the leasehold and the risk of the lessee not paying the rent.This part is the key point of the article.The core meaning of the lessor in the financial leasing transaction is to protect the ownership of the leased property and collect the rent.However,in the real transaction,the two rights and interests of the lessor are often damaged.The main sources of the ownership risk of the leased property are the lessee’s unauthorized disposition and the existence of the bona fide third party system,while the main source of the rent risk is the lessee’s intentional failure to pay rent or the lessee’s bankruptcy.This part will interpret the legal remedies of the lessor through judicial practice cases and current laws.The third part: The conditions and ways of the exercise of the right of retrieval of the lessor and the perfection of the law of the right of retrieval.The leaser’s right to take back is an important right given to the lessor by law.It is the right to protect the ownership of the leased property and the right to collect rent.However,there are still some deficiencies in the current Chinese law,and the actual exercise of the right to take back the greater difficulties faced by the lessor,which weakens the nature of the right to take back as a security right The foreign advanced legislation system summarizes the conditions and ways of the lessor’s exercise of the right of repossession,and the perfection of the system of the right to take back.The fourth part:summary.In the financial leasing transaction,the lessor is in the core position,which is directly related to the operation of the entire financial leasing transaction,thus indirectly affecting the development of the financial leasing industry in China and even the world.Analyzing the legal risk of the lessor and summarizing the relief measures will greatly encourage the lessor to invest in the financial leasing The essence is to study the protection of law to the transaction subject.