Reconstruction Of The Right To Claim Back System Of The Financing Leased Property

So far,China has become a world-renowned financial leasing country.At present,due to great attention paid to the guarantee functions of financial leasing in the civil and commercial legislation of our country,and the increasing improvement of the infrastructure of the financial market,the financial leasing industry will have one new period of improvement;however,the big issues in China’s financial leasing industry are becoming more and more obvious.The main problem is that the lessor’s property recovery right in China cannot give full play to the guarantee function of financial leasing system.Therefore,we still need to perfect the registration of the leasehold,the protection of the lessor’s right and the realization procedure of the recall right.First of all,with respect to the registration of finance lease,the registration and entry requirements shall be continuously improved according to the legislative purposes of registration confrontation in the Civil Code.Secondly,regarding the absence of rights provisions corresponding to the claim right of finance lease items in the current legislation,efforts shall be made to explore more efficient and diversified right remedy approaches for lessors.Finally,the conditions and procedures for the lessor to exercise the recourse right must be ensured,and on the basis of the legislative connection between the recourse right and the realization of real rights for security,the specific requirements for the application of the articles by the judicial authority shall be specified;It is necessary to further improve the design of the relevant procedures of the reclamation right mechanism related to lease,for example,by establishing the reclamation right mechanism involving a third party private force other than the public reclamation right mechanism,introducing the leasing industry associations and organizations and other third-party social forces to participate in and intervene in the process design of the exercising the recourse right of the finance leased property improves the efficiency of the lessees to exercise the recourse right over the finance leased property.Efforts shall be made to perfect and give full play to the security effect of the recapture right in realizing the leasehold creditor’s right.