Research On The Rules Of Pawn And Its Legal Construction

Pawn is traditional financing method in China,with the feature of convenience and quick.Pawn business,which was not allowed to be run in a long period,appeared again in China in the 80s of 20th century. In recent years, they developed fast.It is necessary to construct legal system of pawn to adjust pawn activities. Rules of pawn is custom of transaction, with stability and continuity. Constructing legal system of pawn should comply with the rules of pawn. Therefore, the constructing of legal system of pawn is really constructing of rules of pawn.Rules of pawn mainly include three core rules:ChuDang,ShuDang and JueDang,and other rules."Dian"system and pawn system has"blood relations".At the same time, rules of"Dian"and rules of pawn are accordant. By comparison, we can better reveal the ideas and the mechanism of rules of pawn, but also consult modem legal system of"Dian".Through analysis, wo can discover the pawn rules have three main ideas: giving mortgagor space of strategy, caring about attribution of property, pursuing efficiency and convenience. To realize the purpose of guarantee and aim of commercial activities, rules of pawn have three major pieces of mechanism: ensuring credit , ensuring justice, turnover of fund. The ideas and mechanism of pawn rules resulted in the unique characteristics of pawn.Constructing of legal system of pawn has two aspects: legal theory and legislation. The main legal theory of ChuDang are legal nature of pawn contract and legal nature of DangPiao.The main theory of ShuDang are legal nature of redeeming right and redeeming period. The main legal theory of JueDang are attribution of hostage, legal justice of JueDang. When we legislate ,we should recognize difference between modern movable pledge and pawn of China .It is unwise to transplant system of pawn in current pledge system. As aspect of legislative model, considering unique characteristic of pawn,we should adopt separate legislation. Pawnbroker should be allowed to operate business of right's pledge and building property mortgage. In the law of pawn,rules of JueDang should be established and detail of pawn custom should be completed.