On Legal Relationship Identification Of Financial Leasing

In recent years,the financial leasing industry has developed rapidly and rapidly in China,and the number of legal dis:putes related to financial leasing has gradually increased.Among the written judgments of the people’s courts,there are more than 100,000 disputes over financial lease contracts.Among them,there are nearly 40,000 cases in which the legal relationship of financial lease has been identified as the focus of controversy.The issue of the legal relationship of financial lease has become a lot of controversial issues in theory and practice.Therefore,this paper intends to study,comb and summarize the relevant issues of the financial lease legal relationship through the contents of six chapters.The first chapter aims to explain the basic theory of finance lease,including the legal concept and theoretical concept of finance lease,the relationship between finance lease parties,the characteristics and scope of the lease and the legal characteristics of finance lease legal relations,in order to construct the basic theoretical framework of finance lease.The second chapter introduces the current status of legislation and the different theories of the legal nature of finance lease,analyzes the reasons for the differences between the legislation and the theory of finance lease in various countries,and provides the legal basis for the determination of the legal relationship of finance lease.The third chapter focuses on the current judicial situation of financial lease legal relationship determination in China,which provides judicial practice basis for the legal relationship identifieation study of financial lease.The fourth chapter summarizes the constituent factors and criteria of financial lease legal relationship according to the legal regulations and judicial practice.The fifth chapter focuses on analyzing the confusion between the legal relationship of financial lease and related legal relationships in the process of recognizing financial lease,the problems of ownership,the diversification of transaction patterns,the innovation of leasing property and the formation of rent,which make it difficult to determine the legal relationship of financial lease.As well as six main difficult questions such as the change or non-establishment of the legal relationship of finance lease,and answer accordingly.The sixth chapter puts forward some suggestions and trends on how to deal with the problem of identifying the legal relationship of financial leasing in China.And to strengthen the understanding of financial lease and other aspects to improve the legal relationship of financial lease recognition.