Study On Judicial Practice Of Pawn Disputes

Through the systematic analysis of 226 case samples,it is concluded that the nature of pawn legal relationship,the validity of pawn contract,the handling of pawn,the comprehensive cost,interest and penalty are different in the judicial practice of pawn disputes.This paper summarizes and analyses the different opinions on the controversial focus in judicial practice,and combines typical cases with similar cases.It holds that the pawn legal relationship is not a simple addition of the loan relationship and the security real right relationship,but an organic whole generated at the same time,and it should be a new special security real right relationship;it has not issued a promissory note,the real thing has not been registered or delivered as a mortgage;Acceptance of real estate mortgage in other provinces as pawn does not affect the validity of the pawn contract;the pawnbroker does not directly enjoy the ownership of the pawn,but should make a distinction based on the evaluation value of the pawn,and the pawnbroker loses the right of redemption of the pawn in the future.In pawnbroking business,the deduction of comprehensive fees is effective;on the protection limit of interest and comprehensive fees,the autonomy of the parties should be respected in accordance with the pawnbroking contract,but not exceeding the limit stipulated in the Pawnbroking Management Measures;after all,the collection of interest and comprehensive fees should be differentiated according to the evaluation value of the pawnbroker;pawnbrokers should not refuse to return due to the owner.To redeem the owner and ask him to pay liquidated damages.On this basis,this paper puts forward the ways to solve the judicial practice of pawn disputes: First,promote the pawn special legislation,and suggest that the validity of the liquidity clause be confirmed in the legislation;Second,regulate pawn disputes under the circumstances that the pawn special legislation can not be introduced at this stage.The application of law can alleviate the current situation of judicial disorder in pawn disputes.