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融资租赁是从战后西方国家发展起来的融金融、贸易和租赁为一体的新型信贷方式.我国实行改革开放以后,融资租赁也应运而生,并得以迅速发展.而且作为引进外资的一个新途径,十余年的时间,我国的租赁公司通过融资租赁的方式,引进的外资已占我国外资总额的七分之一左右.但与此同时.融资租赁纠纷案件起诉到法院的也逐渐增多.由于融资租赁在我国起步较晚,至今无相应立法,学术理论研究也显不足,加之案件法律关系比较复杂,致使法院在审理这类案件时,既无明确健全的法律规定可依,又缺乏审判实例可供参考,难度较大.本文试就审判实践中遇到的带有一定普遍性的问题谈些看法和意见.
Financial leasing is a new type of credit financing that integrates finance, trade and leasing developed from western countries after the war.Financial leasing emerged after the implementation of the reform and opening up and was able to develop rapidly.And as a new way to attract foreign investment , More than ten years, our country’s leasing company through financial leasing, foreign investment has accounted for about 1/7 of the total foreign investment in our country.But at the same time.Financing leasing dispute cases to the court also gradually increased.As a result of Since financial leasing started relatively late in our country, so far there is no corresponding legislation and there is not sufficient academic research. Besides, the legal relationship of the case is rather complicated. As a result, when courts handle such cases, there is no clear and perfect legal provisions and lack of trial examples For reference, more difficult.This paper tries to talk about opinions and opinions on some common problems encountered in trial practice.