On The Protection Of The Lessor’s Rights In Financial Leasing

As an important means of financing,financial leasing shows great vitality once it appears,and shows great advantages in promoting industrial upgrading,broadening financing channels and adjusting economic structure.With the rapid development of financial leasing business,the legal relationship involved becomes more and more complicated.Among them,as a bridge connecting the seller and the lessee,the lessor plays a very important role in the financial leasing business,and is vulnerable to the double infringement of property rights and creditor’s rights.Although the legal norms have made a positive response to the outstanding problems of financial leasing,the norms for the protection of the lessor’s rights are still not perfect.In addition,the existing norms have not been effectively implemented,failing to achieve the intended purpose.Therefore,from the perspective of lessor’s rights protection,this thesis,combining with typical cases in relevant judicial practice,sorts out the shortcomings of the current norms in protecting lessor’s rights,and through the comparative study of extraterritorial laws,puts forward more perfect and reasonable solutions suitable for China’s national conditions.Except the introduction and conclusion.It is divided into four parts.Firstly,it discusses the overview of lessor’s rights protection in financial leasing from the following two aspects.The first part deeply explores the legal relationship structure of financial leasing,and expounds its essence of financing,financing and collateral.This thesis probes into the essence of its two kinds of transactions,including sale and lease,and analyzes the rights and obligations of the corresponding subjects respectively.The second part summarizes the main rights enjoyed by the lessor and the exercise conditions.Among them,the right to collect rent is the most basic right of the lessor,and the right to collect the unexpired rent is the relief right granted to the lessor by law.However,there are many restrictions in practice,so its use conditions and rationality are explored in detail and comprehensively.In addition,it also introduces the exercise conditions of bankruptcy recall right and analyzes the situation that it is difficult to realize in practice.Secondly,from the perspective of creditor’s right protection and property right protection of the lessor,this thesis explores the main problems existing in the protection of the lessor in China and the institutional causes behind them.Taking the typical cases in judicial practice as the breakthrough point,this thesis deeply analyzes the realistic dilemma that the lessor’s creditor’s rights are difficult to realize;This thesis analyzes the situation that the lessor’s real right is damaged when the third party acquires it in good faith.In addition,the obstacles to the realization of the lessor’s rights when the leased property is attached,damaged or lost and the lessee goes bankrupt are investigated.It also explores the main causes of the lessor’s rights being easily infringed.Thirdly,through the comparative study of representative extraterritorial legislation in Japan and the United States,this thesis explores their representative measures to protect the lessor’s rights and promote the sound development of financial leasing,in order to explore more reasonable and perfect suggestions suitable for China’s national conditions.The fourth chapter,through the comparative study of foreign legislation in Japan and the United States,hopes to provide more advanced theoretical connotation for improving lessor protection.This pap introduces that effort made by Japan to protect the rights of lessors and promote the sound development of financial leasing,such as tax policy and insurance system that are beneficial to the lessor’s operation.This thesis introduces the characteristics of financial lease registration system in the United States,such as strong controllability,rationality and security.This thesis analyzes the provisions of foreign laws on the lessor’s bankruptcy recall right,in order to explore more reasonable and perfect suggestions suitable for China’s national conditions.Finally,on the premise of drawing lessons from foreign legislation,this thesis discusses the countermeasures to improve the protection of lessor’s rights in China’s financial leasing.It mainly includes: building a complete credit system for financial leasing,such as a more flexible insurance system to transfer the risks of leased property,and giving corresponding preferential policies to broaden the financing channels;Establish a national unified and efficient financial leasing platform,standardize the registration procedures and contents,and make the leased property obtain a clearer appearance of rights;Improve the lessor’s recall right system by giving the lessor the right of self-reliance and compensation when the leased property is damaged or lost.