Discussion Of Sale And Lease Back In The Financing Lease

Financing lease is a new and comprehensive trading combined with trade and credit as well as finance and items. It is also based on two contracts and three parties. Appeared in the United States in the 1950 s, it developed rapidly due to its great contributions to technology、equipment updating and national economy. In the 1980 s it was introduced into China and has experienced twists and turns before great development. The Supreme Court issued the <Interpretation of law applicable for financing lease contract dispute cases> on 24 th February 2014 and recognized the nature of sale and lease back which the lessee and seller is the same person as financing lease,however it still needs to be identified with the lending because of great similarities. At the same time, there is no legislation about the scope of financing lease items now and management methods related in the regulatory authorities are different. With the rapid development of market economy, special items such as housing、highway and intangible property rights have become the lease items of sale and lease back contracts which caused controversy about its legal nature. This article is based on sale and lease back as a special kind of financing lease with its particularity of contract subjects overlap、no actual delivery 、stimulating assets and getting circulating funds, to analyze its unique advantages in economic system reform and financing problems of small and medium-sized enterprises. By distinguish it from lending as well as analyzing whether its nature would effected by special lease items, to discuss the possibility of wildly use in social economy in accord with its basic nature of financing capitals and goods.