Legal analysis: 1. Similarities between financial leasing and commercial factoring: 1. Both belong to a competent department. Financial leasing and commercial factoring are under the jurisdiction of the Ministry of Commerce. 2. This business has three parties and two contracts. Financial leasing business generally involves sellers, financial leasing companies (buyers) and lessees. The seller and the financial leasing company are sales contracts, and the financial leasing company and the lessee are financial leasing contracts. Commercial factoring generally involves sellers, buyers and commercial factoring companies. The buyer and the seller are sales contracts, and the seller and the commercial factoring company are factoring contracts. 3. Both of them belong to trade financing leasing, which provides financing services for the lessee in the process of equipment sales. Commercial factoring is that in the process of goods, the seller provides financing services without selling goods on credit. 4. There are two entities engaged in financial leasing and commercial factoring in China. The main bodies engaged in financial leasing in China are financial leasing companies and financial leasing companies. The main bodies engaged in commercial factoring in China are commercial banks and commercial factoring companies. Both of them can promote sales. Financial leasing can promote the sales of equipment by purchasing the leased property and renting it to the lessee. Commercial factoring provides financing for sellers by transferring accounts receivable and promotes sellers' sales.
Legal Basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 26 If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the market price of one-year loan when the contract is established. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.