工程机械融资租赁法律问题研究民商法学专业论文.docx

1 1 2 2 Abstract Finance leasing business in the United States in the 1950s. It refers to the lessor according to the choice of the lessee of the leased property to the seller to buy the rental of the leased property to the lessee, the lessor through harvest of the leased property acquisition costs and a reasonable profit to collect rent from the lessee, the lessee by the leased property use to pay the rent and get the revenue to create economic value. This unique set of financing and financial matter combined trading patterns also can develop quickly in China. Construction machinery and leased property finance leases for the study, to illustrate the concept of a finance lease, the nature, characteristics, and investigate such cases in the judicial practice common problems and to make recommendations for improvement of our current finance lease legislation. This paper is divided into four parts. The first part introduces the concept, characteristics and nature of the finance lease, of What Construction Machinery Financial Leasing made to define. That part also analyzes the nature of finance lease contracts, finance lease contracts and similar to contract. At the same time, What is the advantage of engineering machinery, construction machinery, finance lease financing, and pointed out that compared to a ship, aircraft finance lease, finance lease of the construction machinery had not been enacted special laws and regulations to adjust. The second part of the current situation in China Construction Machinery Financial Leasing analyzed construction machinery financial leasing contract between the lessor and the lessee to bear the risk characteristics of construction machinery financing the litigation, through judicial trial practice summary introduction,case hearing cycle, such proceedings showed an increasing trend. The third part in a full analysis of the lessor, the lessee rights and obligations under the premise Construction Machinery Financial Leasing same