| In recent years, the explosive development of financial leasing industry of China plays a very important role in contributing the growth of national economy and widening financing channel.According to the data of the report of the development of financial leasing industry in 2004, until the end of December 2014, the balance of the financial leasing contract of the whole country is 3.2 trillion RMB, which is 1.1 trillion more than that of 2013.The growth rate is 53.4%.These comparisons show the rapid growth of this industry.However, with the rapid development of the financial leasing industry, issues concerning the contract dispute and the imperfect law increase.In particular, the Real Right Law of the People's Republic of China, which goes into effect in 2007, brings a great challenge to the real right protection.The judicial interpretation of financial leasing in 1996, and the chapter about financial leasing of the Contract Law of the People's Republic of China, which was implanted in 1999, cannot satisfy the development of the financial leasing industry.After the implantation of the contract law, the financial leasing industry has tried to establish the law for this industry.However, there is no substantial progress within 14 years.The need to develop financial leasing business was satisfied in 2013 finally, the Supreme People's Court issued The Explanation of Legal Issues about the Contract Dispute Cases of Financial (a draft for discussing) in March 2013.About a year later, in February 27,2014, the Supreme People's Court issued The Explanation of Legal Issues About the Contract Dispute Cases of Financial.In addition, China Association of Financial Leasing Enterprises was founded in early 2014, ending the situation that there has been no unification in the development of financial leasing industry for more than 30 years. With the development of financial industry, particularly after the revision of Measures for the Administration of Financial Leasing Companies was issued in 2007, ICBC Leasing and CIBC Leasing as the representatives for financial leasing enterprises were established.However, problems about the customer positioning, product selection, product innovation, external supervision, legal norm, tax policy and risk prevention appear.Especially, the selection of product is too simple, and does not consider the status of operation and finance of enterprise customers and the nature of goods.As the subsidiary of the financial industry, the financial leasing industry has the nature of finance.This nature decides that the financial industry could make adjustments when evaluating the qualification and credit level of customers, which is good for enterprises to widen financing channel to get investment and the development of the financial industry.There are various financial leasing products that can be selected according to the qualification of customers, the aim of financing and financial operation.However, in real world, financial leasing companies are not strict with the selection of related products, and do not consider their operation.The characteristics of financial leasing enterprises decide the risk of its operation is higher than that of banks.In addition, the nature that the duration of financial leasing is long makes that disadvantage obvious.Currently, due to the lack of related laws and regulations and different needs of supervision, many problems are exposed during the rapid development financial leasing. On the other hand, because of the nature of financial leasing, some risks are covered.The purpose of this paper is to promote the rapid development of financial leasing by pointing out problems in financial leasing, and presenting methods to solve them.The paper is divided into five chapters, including analysis, argumentation and exposition.And makes a comparative analysis between the successful and failed issue of the case with the financial leasing industry in order to demonstrate the importance of professional development of financial leasing industry. |
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