The Study On The Innovation Of Real Estate Pawn System

In china, the real estate pawn is one of the best traditional financing ways. The generation,extinguishment and development of it are directly affected by the system environment of ourcountry. The provenance of real estate pawn in feudal society of our country has its historicalreasons; the extinguishment of it during the initial period after the Liberation attributes to thesocial sense; and the reemergence of it after the reform and opening up has close relationshipwith the reform of the economic structure. "Management Measures of Pawnbroking", whichwas issued at 2001, determined the legal status of the real estate pawn, and provided the legalbasis for it. In 2003, the 121st document of the People's Bank of China enhanced the bankloan threshold, and then provided a better development opportunity for the real estate pawn. In2005, "Management Measures of Pawn", as a supplement of "Management Measures ofPawnbroking", made a further standard for real estate pawn, and promoted the real estatepawn entering into a stable and standardized development period. However, there are stillsome system problems presently. For example, according to "Management Measures ofPawn" the new real estate pawn business is not the traditional one and is easy to be confusedwith real estate mortgage. Furthermore some stipulations in "Management Measures of Pawn"can not adapt themselves to present social environment. And the Measures is in a low legalstatus so that it can not antagonize other laws when conflictions emerges. In addition, in ourcountry the present market mechanism is unperfected and can not follow the development stepof real estate pawn. Moreover the risks existed in real estate pawn have hindered thedevelopment of it.Based on the analysis of the above problems and objective situation of our country, useingthe experiences of other countries for reference, this dissertation puts forward some reformsuggestions about the real estate pawn system which enumerates as below. Our country shouldconstitute special regulations in the real estate pawn and improved the legal status, of it. Thedifferent between real estate pawn and real estate mortgage must be distinguished and theconception of the former must be defined again. Furthermore our country should perfect thesecondary market of real estate and establish integrated risk precaution measures in order topropel the healthy development of real estate pawnbroking. Through the study on the reform of real estate pawn systems, the purpose of this dissertation is to improve the systemenvironment of the real estate pawn in our country, make it keep up with the rapiddevelopment of real estate pawnbroking practice, and then to realize fast, stably, healthysocio-economic development.