Abstract
The development of the financing leasing system in China has been relatively slow. This paper primarily introduces the regulations on the financing leasing system by Article 388 of the Chinese Civil Code and related clauses. It addresses the characterization of ownership or security rights, as well as regulations on priority of rights, defective security responsibility, liability for damage to others, maintenance obligations, risk of destruction or loss, public notice, breach remedies, and right enforcement. Furthermore, this paper highlights the differences in regulatory frameworks for movable and immovable property financing leasing in China. Chinese law does not explicitly address issues related to immovable property financing leasing, as it focuses on the functionality of guarantees for movable property and rights due to the clear ownership registration authorities for immovable property, eliminating the issue of "hidden guarantees." Article 65 of the Interpretation of the Civil Code provides comprehensive regulations on the functionalization of financing leasing guarantees.
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