The Study On China’s Ship International Financing Leasing Guarantee In The Post-financial Crisis Era

The continuous development of the shipbuilding industry benefits from the continuous innovation of technological means.Modern ships have already integrated efficient welding technology,high-precision control technology and high-density information integration technology.Navigation,engine room and loading and unloading automation systems have gradually become the core of ship equipment.However,technological upgrades also mean an increase in construction costs,and single ships worth more than 100 million have become the current industry norm.Such high acquisition costs are prohibitive.Furthermore,due to the sluggish shipping market following the 2008 financial crisis,plus external factors such as Sino-US trade frictions,shipping companies can only turn outward to seek the intervention of other capital.At this time,the international financing lease guarantee of ships with the characteristics of "fast financing","high efficiency" and "low cost" began to become a popular method in China.This article discusses the legitimacy of ship international financial lease guarantee from the perspective of the problems of traditional ship guarantee methods in post-financial era,the characteristics of ship international financial lease guarantee and its practical needs.Secondly,through the research on the relevant legislative practice in China,it analyzes the shortcomings of the current domestic ship international financing lease guarantee.Furthermore,with the advanced legislative practice outside the region as the object,the institutional structure and contents for reference are discussed.Finally,on this basis,it provides suggestions for perfecting the guarantee system of ship international financial leasing in line with China’s national conditions.This article is divided into four parts,the specific content is arranged as follows:Part I: The future financial era is the background.First,the characteristics of the ship’s international financial leasing guarantee system are explained from the four perspectives of main body,content,legal relationship and legal application,so as to provide a basis for demonstrating the urgency of the need for innovation in its guarantee method..Secondly,it further discusses the lag and the specific problems of the traditional guarantee method of ship international financing lease in the post-financial era.On this basis,starting from the market links of financing,manufacturing,sales and leasing,the specific requirements for the guarantee method of ship international financial leasing in the post-financial era are proposed.Part II: Combined with the relevant provisions of the "Contract Law","Property Law","Guarantee Law" and "Maritime Law",we will analyze the existing ship international financing lease guarantee methods in China,aiming to discuss the emergence of guarantees under the system Problems in the way.Part III: Started with advanced foreign legislative experience on the two methods of"concession guarantee" and "Quistclose trust",and combined with the "United Nations Model Law on Movable Property Guarantee Transaction" and the "Convention on International Interests in Mobile Equipment" related to "acquisition financing guarantee""And the" international interest "provisions,to explore the content that can be used for reference and application of ship international financing lease guarantee methods outside the domain.Part IV: Combining the above argument,starting from three aspects: innovation of third-party guarantees,diversified realization of guarantee methods,and remodeling of the ship ’s property rights registration system,it provides suggestions for the improvement of China ’s ship international financing lease guarantee methods.