On The Legal Issues Of The Protection Of The Rights Of The Lessor In Financial Leasing

With the prosperity and development of China’s socialist market economy,financial leasing transactions have developed rapidly.However,due to the relatively complex relationship between the laws and the actual situation,and the lack of in-depth research on the legal issues involved in financial leasing in China,the norms and protection of financial leasing service industry in China’s current laws are not perfect,especially for financial leasing lessors.As an important part of the financial leasing industry,the lessor plays a very important role in related economic activities.While enjoying the benefits brought by financial leasing services,they are also facing the risk of infringement of their rights and interests.Because of the particularity of their legal status and the imperfection of relevant legal systems,they become the subjects whose rights are easily infringed by others.Because the lessor plays a vital role and position in financial leasing transactions,it becomes very important to protect the lessor’s rights.In view of this,this thesis makes an analysis and research on how to construct the rights protection system of financial leasing lessors.Firstly,starting with the definition of financial lease contract,the transaction structure of financial lease is analyzed as tripartite transaction.On this basis,the legal rights of financial lessor are studied.The lessor’s rights are divided into two aspects: real right and creditor’s right.The ownership of leased property in real right has the characteristics of realizing secured rent creditor’s right,and in creditor’s right,the lessor enjoys the exemption right of defective guarantee of leased property which is different from general lease.Next,it discusses and analyzes the reasons why the rights of financial leasing lessors are damaged.The rights enjoyed by financial leasing lessors are vulnerable to damage caused by bona fide third parties,damage or loss of leased property,addition of leased property,lessee’s breach of contract,lessee’s bankruptcy and inability to pay off debts,etc.The possibility of damage caused by different reasons is closely related to the financial leasing transactions,which are inconsistent with the rights and obligations of the parties,the leased property is too specific,the lessor’s ownership name is not true,the scope of leased property is too complicated and chaotic,and the lessor cannot effectively grasp the lessee’s credit information.Then,the focus is on the legal norms of the protection of the rights of financial lessors.The current legal norms have made relevant provisions on the lessor’s rights.After careful study,it is found that due to the lack of practical system,there are some practical problems in the protection of the lessor’s rights,such as difficulty in judging the ownership of the leased property,difficulty in retrieving the leased property,and difficulty in handling the leased property.Finally,through the construction of financial leasing lessor’s rights protection system,the specific ways of lessor’s rights protection are elaborated in detail.From the point of view of the problems existing in the protection of the lessor’s rights,this thesis puts forward some feasible and reasonable suggestions on the real right and the creditor’s right.In order to protect the lessor’s real right,we can clarify the scope of the leased property,adopt a unified financial lease registration system,and improve the lessor’s right to retrieve the corresponding leased property;For the lessor’s creditor’s rights,we can reduce the damage of the lessee to the lessor’s creditor’s rights by establishing the financial lease reserve and compulsory insurance system,perfecting the residual value evaluation system of the leased property and other related measures.