商事租赁是商主体以营利为目的持续实施的租赁行为,我国《合同法》第13章以民事租赁为核心,忽略了商事租赁的特殊价值,并未对此制度的使用留下空间,所以须尽快确立商事租赁制度。法国以维护承租人的利益为立法宗旨建立起一套完备的商事租赁制度,但因其特殊的立法背景亦不能满足当今实践的需要。我国商事租赁制度的立法宗旨应以出租人和承租人的利益平衡为逻辑出发点,以此协调此项制度中一系列规则、原则、概念之间的内在关系。 Commercial leasing is a continuous leasing practice for the purpose of profit making. Chapter 13 of Contract Law focuses on civil leasing, neglects the special value of commercial leasing, and does not leave room for the use of this system. Therefore, As soon as possible to establish commercial leasing system. France has set up a comprehensive system of commercial leasing for the purpose of safeguarding the interests of lessees. However, due to its special legislative background, France can not meet the needs of today’s practice. The legislative purpose of China’s commercial leasing system should be based on the interests of lessors and lessees as the logical starting point, in order to coordinate the system of a series of rules, principles and concepts of the internal relations.