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随着全球经济一体化趋势的加快以及国际金融市场的逐步完善,融资租赁这种新型的交易模式迅速席卷了西方发达国家的金融业,并在国际金融领域发挥着日益重要的作用。我国从20世纪80年代起开始引入融资租赁制度,20多年来,我国融资租赁业支持了民航、邮电通信、能源等基础设施的建设及数千家大中型企业、中外合资企业、乡镇企业的技术改造。然而,融资租赁作为一种新型的交易模式,具有诸多独特的交易特征。它的法律关系极为复杂,行为结构也十分特殊。现行立法却并未明确如何对其进行法律控制,在司法实践中也存在着相应的空白,这在很大程度上制约了融资租赁业在中国的长远发展。此外,物权法和破产法的出台虽然为融资租赁风险的法律控制提供了新的依据,也引发了新的探讨和争论。基于此,笔者在借鉴西方发达国家成功经验的基础上,从法律的角度探讨对融资租赁风险进行防范和控制的具体措施,以期完善融资租赁风险的法律控制体系,促进金融市场的成熟发展。
With the acceleration of the global economic integration and the gradual improvement of the international financial market, the new transaction mode of financial leasing swiftly swept the financial industry in the western developed countries and played an increasingly important role in the international financial field. Since the 1980s, China began to introduce the system of financial leasing. Over the past 20 years, China’s financial leasing industry has supported the construction of infrastructure projects such as civil aviation, post and telecommunications, energy and the construction of thousands of large and medium-sized enterprises, Sino-foreign joint ventures and township and village enterprises Transformation. However, as a new type of trading model, financial leasing has many unique trading features. Its legal relationship is extremely complex and the behavioral structure is also very special. However, the current legislation does not specify how to control the law. In the judicial practice, there are corresponding gaps. This largely restricts the long-term development of the financial leasing industry in China. In addition, although the introduction of the Property Law and Bankruptcy Law provides a new basis for the legal control of the risk of financial leasing, it also triggered new discussions and debates. Based on this, based on the successful experiences of western developed countries, the author discusses concrete measures to guard against and control the risk of financial leasing from the perspective of law, in order to perfect the legal control system of financing lease risk and promote the mature development of financial market.