Financing lease means that the lessor purchases the leased property selected by the lessee for the purpose of financing, and then rents the leased property to the lessee for a long time on the condition of collecting rent. The basic characteristics of financial leasing are: first, the lessee chooses the investment object to be leased, and the lessor pays the fee. Second, the lessee has no right to terminate the contract in advance on the condition of returning the lease item. Third, medium and long-term leasing. The absolute term of all financial leasing transactions is more than one year. Fourthly, financial leasing is a tripartite contract, namely, lessee, lessor and supplier, trade contract and financial leasing contract. Therefore, you can do financial leasing business without going to the central bank for approval. Only if you want to pay the business tax according to the difference, you must go to the central bank for approval, otherwise you can only pay the tax according to the operating lease. At present, domestic leasing companies are divided into three categories. The first category is the financial leasing companies approved and managed by the People's Bank of China according to the Measures for the Administration of Financial Leasing Companies. There are 12 companies in China. According to the management regulations, the businesses of these companies include (1), direct leasing and direct leasing. (2) Operating leasing business; (3) Accepting lease funds entrusted by legal persons or institutions; (4), accept the lease deposit of the parties; (5) Providing the lessee with working capital loans under the lease; (6) Securities investment and equity investment in financial institutions; (7) Issuing financial bonds with the approval of the People's Bank of China; (8) Borrowing from financial institutions; (9), foreign exchange loans; (10), interbank lending business; (1 1) Residual value of the leased property for sale and disposal; (12) Economic consultation and guarantee; (13), other businesses approved by the People's Bank of China. The second kind of leasing companies are Sino-foreign joint venture leasing companies approved by the Ministry of Foreign Trade and Cooperation in accordance with the Interim Measures for the Administration of Examination and Approval of Foreign-invested Leasing Companies. The business of these companies includes: (1) directly leasing all kinds of advanced or applicable production equipment, communication equipment, medical equipment, scientific research equipment, inspection and testing equipment, construction machinery, transportation (including airplanes, automobiles and ships) and other mechanical equipment and their supporting technologies at home and abroad. (2) According to the lessee's choice, purchase the goods and supporting technologies needed for leasing business from home and abroad; (three) the sale and disposal of the residual value of the leased property; (4) Lease transaction consulting and guarantee business; (5) Other businesses approved by the Ministry of Foreign Trade and Economic Cooperation. At the same time, it also stipulates that "engaging in financial business other than the above-mentioned business must be approved by the Ministry of Foreign Trade and Economic Cooperation and reported to the People's Bank of China for approval according to the provisions of the Administrative Measures for Financial Leasing Companies issued by the People's Bank of China." The third category is domestic leasing companies managed by the Ministry of Internal Trade. The State Administration of Trade has issued a special document to select 15 enterprise as the national pilot leasing company, encouraging these enterprises to actively explore financial leasing business while carrying out traditional leasing. Therefore, from the analysis of the current laws and regulations, there is no clear regulation on what kind of leasing companies can carry out financial leasing business. However, in the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Disputes over Financial Leasing Contracts, it is pointed out that enterprises that do not have the qualification as the subject of financial leasing transactions should consider the leasing transactions invalid. Therefore, how to identify the subject qualification of financial leasing transaction is a relatively vague and controversial issue. At present, there is an understanding in the industry, management departments and judicial organs that only financial leasing companies and Sino-foreign joint venture leasing companies are qualified to carry out financial leasing business. However, according to the law, this understanding is one-sided. First of all, the Measures for the Administration of Financial Leasing Companies only stipulates how to apply for financial leasing companies, the types of business carried out by financial leasing companies and the measures for the administration of financial leasing companies. Other leasing companies are not prohibited from carrying out financial leasing business. Similarly, the Interim Measures for the Examination and Approval of Foreign-invested Leasing Companies promulgated by the Ministry of Foreign Trade and Economic Cooperation only stipulates how to apply for the establishment of Sino-foreign joint venture leasing companies, the business that Sino-foreign joint venture leasing companies can carry out and the management measures for Sino-foreign joint venture leasing companies. Comparing the two management methods, in terms of business, Sino-foreign joint venture leasing co., Ltd. has no short-term credit and investment in financial institutions. Moreover, in the Measures for the Administration of Sino-foreign Joint Venture Leasing Companies, it is also stipulated that the business that needs the approval of the People's Bank of China needs the approval of the Ministry of Foreign Trade and Economic Cooperation, and the financial leasing business does not belong to the business that needs the approval of the People's Bank of China. Can other domestic leasing companies carry out financial leasing business? At present, the law does not stipulate that it cannot be carried out. According to the general principles of the law, enterprises should be allowed to carry out business independently if there is no explicit provision in laws and regulations that cannot be carried out. This is because, first, these enterprises use their own funds to carry out financial leasing business, which is responsible for the safety of funds and does not pose any harm to financial security; Secondly, there is no legal provision that financial leasing business cannot be carried out.
Therefore, it cannot be arbitrarily determined that these enterprises are not qualified to carry out financial leasing business; Third, if the financial leasing entities carried out by these companies are found to be unqualified in judicial practice, they are suspected of abusing the law, which also artificially creates the inequality of enterprises and violates the requirements of market economy and the concept of legal justice and equality.