阐释船舶售后回租的理论基础,分析船舶融资租赁中售后回租出租人在海商和海事方面的法律风险,同时探讨风险的成因,发现背后潜在的影响,并相应地提出控制方案。通过研究发现,船舶售后回租的承租人是准船舶所有人身份,船舶售后回租的出租人仅享有名义所有权,在法律风险及责任承担上双方显失公平;同时,出租人的所有风险与责任来源于船舶特殊的法律性质与船舶所有人的法定责任,且不可避免。 Explain the theoretical basis of the ship sale and leaseback, analyze the legal risks of the leasers in sale and leaseback in the maritime finance and maritime affairs, explore the causes of the risks, find out the potential impacts and propose the control plans accordingly. Through the research, it is found that the lessee of sale and leaseback is the owner of the quasi-ship and the lessor of the sale and leaseback of the vessel only enjoys the nominal ownership, which is obviously unfair to both the legal risk and the responsibility. At the same time, all the risks of the lessor The responsibility comes from the special legal nature of the ship and the statutory responsibility of the owner of the ship and is inevitable.