The Study On Legal System Of Chinese Pawn

Pawn originated in China, according to historical records, the earliest pawn behaviorappeared in the Shang Dynasty. But the academic have some debate in when the pawnshoporiginated, the commonly accepted view that the pawnshop originated in the temple ofNorthern and Southern Dynasties. Since then, the pawnshop developed rapidly in Chinawhich once played an important role in the history. Pawnbroking played an important role inthe rescue and financing for the people, especially the poor people.But we also should see thedisadvantage which it had the character of usury. Even today, people still have a badimpression about the character of usury. Pawnshop have a rapid development of the China,the industry continues to expand the trade scale, service object is changed, which is mainlyresponsible for the SMEs to finance, solving the problem of financing and promotingeconomic development. But China’s current pawn law system is not perfect, such as pawnlegislation only have a " Pawn management method " which is in a low law level and conflictswith the "Guarantee Law" and "Property law".It makes the pawnbroking facing a huge legalrisks, at the same time the pawnbroking business scope is also controversial. The maincontroversial point is that whether or not abolish the real estate mortgage pawn business. Inshort, the legal system and the legal norms of the pawnbroking have been difficult to adapt tothe rapid development of the pawnbroking.How to play the function of the financing for theSMEs and promoting the economic development, at the same time,guarding against thepawnbroking legal risks and regulating its illegal behavior is worthy of study. This paperattempts to investigate the above problem in order to do a little contribution for prosperity andhealthy development of China’s pawnbroking.This paper mainly includes the overview of the pawn basic theory,the pawn legalrelationship, existing problems of the pawn legal system and improvement, at last, the pawnlegislative proposals.The first part briefly discusses the problem pawn basic theory. First, this section providesa brief introduction about our pawnbroking development history, and then define the conceptof pawn. Then separately from the economic point and legal point to explain pawncharacteristics. The economic characteristics includes the short-term and usurious,convenience and security. The legal characteristics includes the qualification, the double characteristics of property rights and obligation rights and the characteristics ofindependence and the applicable for the liquid contract.At last, the part interpretates the socialfunction of the pawn.The second part focuses on the pawn legal relationship. This section first defines theconcept of the pawn legal relationship, then analyzes the legal nature of the pawn legalrelationship. Then This section illustrates the composition of the pawn legal relations,including subject, object and content. At last I briefly described the production, change andend of the pawn legal relationship.The third part analysis the existing problems of of China’s pawn legal system andcorresponding improvement system. This part is divided into two parts, the first part makes abrief introduction about the pawn legislative process in China, the second part analysis theproblems of the pawn legal system, and put forward to the suggestions for improvement.The fourth part summarizes the paper.