融资租赁登记问题研究

发布时间：2018-11-26 17:52

【摘要】：融资租赁业在国外被称为核心产业,是市场经济发展到一定阶段的产物,在整个国民经济中具有举足轻重的地位。在发达国家,融资租赁被作为衡量市场经济是否成熟的指标之一。融资租赁业在我国的发展已有几十年,但繁荣时期却是在近几年。到2014年为止,我国共有620家公司登记注册,从事各种融资租赁业务。与此同时,关注融资租赁服务的人也愈为广泛。然而,对于融资租赁而言,由于其呈现出物权与债权相分离的特征,造成出租人对租赁物的所有权不能得到应有的保护。我国现有登记体系根据动产的不同性质,将动产的登记分为交通运输管理部门登记、工商行政管理部门登记、公证部门登记、中国人民银行征信中心登记。这就使得我国对融资租赁的登记管理分散,既不便于对租赁物的管理,也不利于融资租赁登记和当事人的信息查询,更不能有效维护交易安全。实务中对融资租赁登记最普遍的是中国人民银行征信中心,但该系统并没有获得法律的支撑,在对善意第三人的对抗效力等方面存在不足,在保护出租人对融资租赁物所有权方面也存在很多缺陷。本文以此为研究对象,试图以实务案例为突破口进行论述建立统一的融资租赁登记系统的可操作性,提出现阶段对融资租赁制度完善的建议。
[Abstract]:Financing leasing industry is called the core industry in foreign countries. It is the product of the development of market economy to a certain stage and plays an important role in the whole national economy. In developed countries, financial leasing is regarded as one of the indicators to measure the maturity of market economy. The financing leasing industry has been developing in China for several decades, but the prosperous period is in recent years. Up to 2014, there are 620 companies registered in China, engaged in various financial leasing business. At the same time, people who are concerned about financial leasing services are becoming more widespread. However, as far as financial lease is concerned, because of the separation between real right and creditor's right, the lessor's ownership of the lease item can not be protected properly. According to the different nature of movable property, the current registration system of our country divides the registration of movable property into the registration of transportation administrative department, the administrative department of industry and commerce, the registration of notary department and the registration of credit information center of the people's Bank of China. This makes the registration management of financial lease scattered, which is not convenient for the management of lease item, is not conducive to the registration of financial lease and the information query of the parties, and can not effectively maintain the transaction security. In practice, the most common registration of financial leasing is the credit information center of the people's Bank of China, but the system has not been supported by law, and there are deficiencies in the effectiveness of confrontation against bona fide third parties. There are also many defects in the protection of the lessor's ownership of the financial lease. Taking this as the object of study, this paper attempts to discuss the feasibility of establishing a unified financial lease registration system with practical cases as the breakthrough point, and puts forward some suggestions for perfecting the financial lease system at the present stage.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923

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