Port communicationCar rental has begun to take shape in my country，Especially the emergence of several large companies，Covering all major geographical markets across the country，Although car rental provides convenience and discounts to the majority of people in need，However, there are still various legal risk issues，This article will conduct a detailed analysis of the possible risks in car financing leasing from the following aspects:，Let’s learn together!
one、Characteristics of the car financial leasing business and its impact on business processing The car financial leasing business is already a very mature market abroad.，However, our country is still in its infancy.，In recent years, the country has introduced many new policies，For example, the policy of replacing business tax with value-added tax，The input tax on cars is allowed to be deducted, etc.，The policy has not been in place for a long time，Therefore, some relevant legal systems in our country regarding car financing leasing have not yet been fully standardized.。
Financial leasing companies vary。
for Chinese consumers，Owning a car feels like owning your own core asset，To a certain extent, financial leasing means "paying someone to drive someone else's car"，Especially cars are not like other assets，It also involves the issue of property rights certificates，The title certificate is not transferred to the lessee’s name，In a sense, it is not the real asset of the lessee.，But if the ownership is transferred to the lessee first，The lessor is at risk of asset loss。
This is the unique feature of car finance leasing that separates ownership and use rights.。So for this，We must pay special attention to risk prevention。
Car leasing is also divided into operating lease and finance lease，Operating lease is a general lease，Property rights belong to the lessor，Financial lease is a special lease，by the lessee according to his own
Require
Select the appropriate vehicle，The lessor purchases and then rents to the lessee，Collect monthly rent，After the lease expires, the lessee can purchase the asset for a smaller amount or choose to quit the lease, etc.。
two、Current risks in the car finance leasing business 1、Credit risk to the lessee after leasing the vehicle，Failure to pay rent on time or in full, intentionally or for any reason，As a result, the lessor cannot recover the vehicle cost and corresponding interest income as promised.。This is actually a default risk。Credit risk is not only related to the lessee’s own corporate credit，Sometimes it is also related to the lessor’s subjective judgment when granting credit.。
Because the credit system of the whole society has not yet reached transparency，At present, most financial leasing companies conduct credit review of lessees.，Often only the financial statements issued by the lessee can be relied upon.，bank statement，Various licenses and personal credit platforms for review，This review is subjective，Unseen credit risks may be missed。2、Legal risks due to the late start of car financing leasing in my country，Relevant legal regulations are not very complete yet。
According to the provisions of contract law，When there is a problem with the subject matter of the financial lease，The lessee should be responsible for repairs and assume corresponding responsibilities。
However, my country’s current traffic regulations still cannot fully match them.，In case of traffic accident，The lessee cannot afford the compensation，Or get into trouble while drunk，When insurance does not pay claims，The victim often involves the lessor，Include the lessor as a co-defendant，Financial leasing companies may have to pay corresponding compensation or bear certain responsibilities。3、Business risk: missing persons and vehicles：Not only the lessee is missing，The subject matter is also missing.。
Litigation law gets the verdict，Unable to find the person and the car，As a result, legal judgments cannot be implemented，Leasing companies are also unable to protect their own rights and interests.。It may be better if GPS or other advanced equipment is equipped at the beginning of the rental.。three、Analysis of factors affecting risk management and control in the automobile finance leasing industry 1、Credit or credit reporting system mentioned earlier that credit risk is related to the lessee’s own credit and the leasing company’s credit judgment.。
A complete and transparent credit reporting system can make it easy for financial leasing companies to judge the credit status of the lessee when granting credit.，如是否有过违约，是否有过偷逃漏税等等情况，Rather than just making judgments based on the slip issued by the other party, etc.，This greatly reduces the credit risk of the enterprise，This also reduces the default risk of the lessee enterprise.。
on the contrary，If the system is not perfect，Then the probability of subjective judgment increases, which may lead to unforeseen default risks.。2、The establishment of a sound legal system and a supporting legal and regulatory system for the financial leasing business are the necessary guarantees for the financial leasing business to be legally enforceable.，Only then can we further implement laws and regulations，A sound legal system can ensure unified standards for the execution of financial leasing business，It can prevent law enforcement officials from making wrong judgments when disputes arise.。
If the legal system is not perfect，There may be a situation in the market where public opinion is justified.，The phenomenon of mother-in-law saying that mother-in-law is right，This is also not conducive to the development of financial leasing business。We should pay special attention here，In addition to its own supporting laws, the financial leasing business of automobiles，due to its particularity，Must also comply with traffic regulations、road safety regulations, etc.。3、Business characteristics Business risks are related to the initial investment of the enterprise。
When conditions permit, car financing leasing companies，Wherever possible, the positioning system should be，Complete tracking system and other supporting facilities，The more advanced the facilities，The risk of missing people and vehicles will be lower.，It also helps companies recover their assets as soon as possible。On the contrary, it will increase the uncertainty of asset loss.。Of course, equipment configuration also requires a certain cost.，Enterprises need to measure according to their own situation。
Four、Countermeasures and suggestions for risk management and control of automobile financing leasing business
- Improve corporate debt collection systems and collect debts on time，Actively update customer related information，This is also based on having a good collection system，Enterprises based on their own actual situation，Rate customers，Set collection reminders for overdue rent based on levels。If routine debt collection fails, legal debt collection letters and other methods can be used.。
- Improving the laws and regulations on car financing leasing. The situation described previously has made great progress in legal practice in recent years.。Article 31 of the State Council's "Measures for Handling Road Traffic Accidents" clearly stipulates：Losses caused by traffic accidents by those responsible for traffic accidents，Should bear liability for compensation。Financial leasing companies should actively appeal to the court when encountering such matters，Most people should be able to get reasonable and legal judgments，To safeguard the legitimate rights and interests of financial leasing companies。
- A complete and transparent credit reporting system should be established first，Why foreign financing companies do so well，Thanks to their complete credit reporting system。They can easily use this system to obtain all credit information of the tenant。Our country has not yet reached this level of，Some defaulters did not impose relevant penalties after their credit defaults.，Therefore, some defaulters can breach the contract without any scruples.。
But in recent years, the country has also made great efforts，If the defaulter is publicized，Blacklisted, etc.，It also restricts the behavior of the defaulter to a certain extent.。Secondly，港信通-认为，The reason why the lessee breached the contract was that the security deposit they had previously paid did not reach the level of "heartache" for them.。Therefore, financial leasing companies can appropriately increase the deposit amount when conducting credit checks on certain lessees with default risks.，This can also help with breach of contract。
at last，Financial leasing companies cannot make judgments based solely on the information issued by the other party when granting credit.，Instead, we should conduct on-site inspections and inquiries，Judge based on what you see with your own eyes。
- Strengthen the configuration of advanced management equipment to target business risks，We can use advanced management methods to strengthen management if conditions permit，For example, each rental vehicle is equipped with an advanced GPS positioning system，Ability to obtain vehicle information in a timely manner，Or combine the monitoring equipment at each intersection with a tracking system，This also reduces the probability of missing people and vehicles to a certain extent，Helps control this part of the risk。
five、Conclusion This article focuses on credit risk、The three aspects of legal risk and business risk illustrate the current risk status of the automobile financing leasing business.，Analyzed the impact of these risks on financial leasing business，Proposed corresponding improvement suggestions，Such as collection on time，Improve corresponding laws and regulations，Establish a transparent credit reporting system，Install advanced equipment systems, etc.。In mature automobile markets such as Europe and the United States,，new car、The penetration rate of second-hand car financing leasing is around 70%。
China's automobile finance leasing rate is generally low，New cars are only around 15%，Second-hand cars are even lower，Probably within 5%。
Although the car finance leasing business has great
Advantages
，But because there is credit、law、Risk factors such as imperfect credit reporting system，This prevents financial leasing companies from completely freeing their hands to promote their rapid development.，We should establish a complete and sound credit reporting system，Improve relevant legal systems，Financial leasing companies must also reduce operational risks themselves，To ensure the healthy and vigorous development of the car finance leasing business。
If you still want to know more about this aspect，Welcome to consult Hong Kong Xintong at any time!
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