Study Of The Dispute Resolution Mechanism Of Financial Leasing Contract

With the rapid development of the financial leasing industry, the number of the financial leasing contract disputes are rising dramatically. The well solving of financial leasing contract disputes has become the important factor to the healthy development of the financial leasing industry. Therefore, study of the dispute settlement mechanism of the financial leasing contract demonstrates theoretical and practical significance.This paper is divided into the following four parts:Part I:The concept and basic features of the financial leasing contract disputes. Financial leasing contract disputes refer to the controversy of right and obligation that arise in the signing and fulfillment process of financial leasing contract, one party or both parties of the contract violate the law or contract, or refuse to comply with the obligations under the contract or the performance does not comply with the contract, causing the damage of the other party’s legitimate rights and interests. The basic features of the financial leasing contract dispute is that the large quantity and uneven distribution of the disputes, the huge object’s amounts of disputes, the continuous expanding subject of disputes, the diversification types of disputes.Part II:The main types of financial leasing contract disputes. Based on the analysis methods of disputes type, the main types of financial leasing contract disputes are divided. According to different standards, financial leasing contract disputes are divided to real estate financial leasing disputes with real estate financial leasing disputes, public financial leasing disputes with operating financial leasing disputes, foreign financial leasing disputes with domestic financial leasing disputes, financial leasing disputes and non-financial leasing disputes.Part III:Analysis of the present situations of the settlement mechanism of financial leasing contract dispute and point out the main problems. The current problems of the settlement mechanism of financial leasing contract are mainly existing in the following parts:disputes litigation settlement mechanism exists low efficiency, the utilization rate of commercial arbitration settlement mechanism is low, the people’s mediation settlement mechanism exists limitations, the idle utility of administrative settlement mechanism. The inefficiency of the litigation mechanism mainly accounted for the rent disputes occupy a large proportion and the causes and facts are difficult to identify, the processing cycle of disputes is long and costs are also high, the number of execution cases area great many and the arrival rate of execution target is low; the low efficiency arbitration mechanism is led to by litigation mechanism of dependence and that the arbitration itself is not perfect; the limitations of people’s mediation mechanism occur as that traditional people’s mediation is not suitable to solve the financing lease dispute and the industry mediation cannot deal with financing lease disputes; idle performance of administrative settlement mechanism includes the narrow scope of application of the administrative adjudication and the administrative mediation mechanism is not perfect.Part Ⅳ:Rational thinking on improving the dispute settlement mechanism of financial leasing contract. Improving the financial leasing contract dispute settlement mechanism should be mainly from the following parts:promoting the specialization of commercial trial, raising the utilization ratio of commercial arbitration settlement mechanism, improving industry mediation committee, exerting the effect of administrative settlement mechanism.Through the analysis characteristics of litigation, arbitration, mediation and administrative in processing of resolving the financial leasing disputes, the paper summarizes the advantages and disadvantages of various dispute resolution methods in the settlement of financial leasing disputes.Litigation mechanism cannot get good effect in the resolving public financial leasing disputes, quasi operating financial leasing disputes, foreign financial leasing disputes, financial leasing disputes. Arbitration mechanism has inherent advantages in resolving of the financial leasing disputes, especially in foreign financial leasing disputes. Traditional civil mediation system is only suitable to simple real estate financial leasing disputes resolution, industry mediation committee suit for resolving real estate financial leasing disputes, common business financial leasing disputes. Administrative adjudication has limitation in resolving financial leasing disputes, administrative mediation is suitable for public financial leasing disputes and financial leasing disputes.