Research On The Protection Of Consumers’ Right To Know In Family Car Financial Leasing

Appeared in recent years,China’s auto market with a new mode of financing lease combining born-consumer auto financing lease,the merchants in the ten percent down payment to drive home ",by "low down-payment,use after first buy" is better than the full car and bank lending to consumers,to promote the condition of the car,consumers in the recommended by the car dealer,Select the brand and model of the car and sign a financial leasing contract with a third-party financial leasing company cooperating with the business.The financial leasing company will purchase the car and lease it to the consumer.After the consumer pays the down payment and other expenses to the financial leasing company,the rent will be paid monthly.From the perspective of China’s current legal theory,this kind of behavior is the closest to financial leasing,but it is different from traditional financial leasing behavior.This behavior is significantly different from traditional financial leasing behavior in terms of the subject of behavior,the type of subject matter and the process of contract conclusion.This model of car finance leasing,which combines retention of ownership with installment payment,can play a role in promoting car sales and alleviating the pressure of down payment on car purchases.This kind of consumption patterns,seemingly consumers get affordable,but found no essential than traditional credit more friendly to consumers,and may have some more adverse consequences for consumers,as consumers vulnerable to induced to sign the contract for financial leasing blindly,right to know,to choose the abused,consumers don’t have car ownership,rent,etc.The total cost is higher than borrowing costs,Therefore,this kind of consumer car finance lease has caused many adverse consequences to consumers’ right to know and other rights and interests in practice,and has become an important social consumption problem.See,from the present situation of China’s current theoretical research on auto financing lease to study from the perspective of financial leasing companies,to the health of financial leasing company operation and risk prevention and control direction,the theoretical circle seldom from the consumer right protection,the weak position of consumers to the discussion of auto financing lease.Judging from the current situation of judicial practice in China,most judges do not consider and evaluate the particularity of auto financing group,and directly define auto financing lease as a traditional financial lease in accordance with the Contract Law(now the Civil Code).Some judges did not strictly distinguish the difference between automobile finance lease and consumer loan,but defined automobile finance lease as consumer loan according to the purpose of consumers and the particularity of the case.In our country at present to auto financing lease theory and practice of the controversial cases,based on automobile financing lease consumers’ right to know to protect the status quo as the breakthrough point,to finance lease,car finance and protecting consumers’ right to know the basis of the related legal theory and practical experience,from the perspective of consumers’ right to know to protect discusses the legal problems of auto financing lease in our country,It is expected to put forward normative suggestions to improve the protection of automobile financial leasing consumers’ right to know.