On Modern Transformation Of System Of Chinese Traditional Pawning Right

The Legislation of the Pawning right is one of the Chinese nation unique traditional legal regime on property. It is a creation that can financial intermediation and maintain the interests of both parties in a specific socio-economic conditions. It can satisfy the interests and financial needs, so in social practice, it is impossible to repeal the Pawning right in a short time. China's current Property Law has no provision of the Pawning right. However, departments have made the relevant provisions of the regulations. This will result that, in judicial practice, identified the effect of contracts and property rights does not match. But this also shows that the Pawning right has the existence market.The development of the civil law is a historical process, completing the establishment of civil law system is not only need to transplant foreign advanced civil law, but also need to succeeding the country's outstanding natural resources in civil law, and to fully learn and absorb the experiences and lessons learned in the legislative and judicial practice of civil law. At first,it was mistaken as a real property pledge and omitted by the law makers of the Civil Law Draft of Qing Dynasty.Then,the law makers of the Republic of China began to attach importance to it and put it formally in Civil Law Draft,but the real nature of the pawning fight institution was still misunderstood.Finally, the Civil Law of the Republic of China made the institution clear and perfect.By studying the legislation history of the pawning right institution,We can see that the requirement of real life had made the pawning fight institution come into being.It is the law will,not the law makers mill,worth studying.Moreover, the history tells US that one of the duties of law science is to make the law development accommodate to the practice and the trend of the developing society.The thesis includes five parts. The first part is about the significance of this topic. The second part is mainly introduced the concept and the nature of the Legislation of the Pawning right,and compared the Legislation of the Pawning right with several similar right so illustrate the nature of the specificity of the right.Then introduced the history of the development of the Legislation of the ancient Pawning right, and described its contents and existence of basic. The third part analyzes the reasons of transformation of the ancient Pawning right from the aspects of political, economic, and cultural. And then elaborate emphatically the transformation process, mainly in Legislation. The fourth part analyzes the features of the transformation process. The fifth part summarizes the experience of the legislative of the Pawning right's transformation in modern. Finally, reflecting on the reservation or abolition of the Pawning right, in order to provide experiences for the reservation or abolition of the Pawning right.