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我国从二十世纪八十年代初开始出现飞机融资租赁这一交易方式,经过三十年余年的发展,现已呈现出国外租赁公司主宰市场、国内企业缓慢进军的格局。但是,从国内飞机融资租赁产业发展来看,由于其本身涉及面广、专业性强,加之国内相应的法学理论研究和立法工作尚未能跟上行业发展需求,由此导致融资租赁市场仍被国外租赁公司所垄断,从而间接影响了我国民航业的发展。基于此,本文以飞机融资租赁概念、特点及国内立法现状进行说明,并在对发达国家飞机融资租赁法律运用方面成功经验加以借鉴的基础上,提出了如何完善我国飞机融资租赁法律的建议,以期为完善我国飞机融资租赁行业保护机制提供法学理论支持。
Since the early 1980s, China has emerged as an aircraft finance lease. After thirty years of development, it has now shown the pattern that foreign leasing companies dominate the market and domestic enterprises slowly march toward. However, judging from the development of domestic aircraft financing leasing industry, due to its extensive coverage and high professionalism, the corresponding domestic legal theory research and legislative work have not been able to keep up with the development needs of the industry. As a result, the financial leasing market is still being Foreign monopoly leasing companies, which indirectly affected the development of China’s civil aviation industry. Based on this, this paper describes the concept and characteristics of aircraft financing leases and the status quo of domestic legislation. Based on the successful experience of aircraft financing lease law in developed countries, this paper puts forward some suggestions on how to improve China’s aircraft financing leasing law, To provide theoretical support for improving the protection mechanism of China’s aircraft financing leasing industry.