Legal Consideration On The Perfection Of Pawnbroking Supervision In China

After the reform and opening up,pawnbroking industry has been slowly restored and developed in China’s mainland.In the current financing environment,pawnbroking industry can make up for the shortcomings of traditional financing industry,especially for small and medium-sized enterprises.It is an indispensable and convenient channel for financing.On the contrary,in the past 30 years since the recovery of the pawnbroking industry,there has been no law regulating the establishment,operation and supervision of the pawnbroking industry,and the legislation of the pawnbroking industry has been relatively weak.The current laws and regulations are the "Pawn Management Measures" jointly formulated by the Ministry of Commerce and the Ministry of Public Security in 2005 and the"Regulations on Pawn Industry Supervision" formulated by the Ministry of Commerce in 2012.The level of legal effect is low.Some of the regulations are unreasonable.Some of them conflict with other laws,and some of them lag behind the current level of economic development.In 2018,the Ministry of Commerce assigned the supervisory responsibility of the pawnbroking industry to the China Banking and Insurance Regulatory Commission.The supervisory body of the pawnbroking industry changed again,returned to the financial supervision system and highlighted its financial attributes.The current "Pawnbroking Management Measures" and "Pawnbroking Industry Regulations" have lagged behind the actual situation of pawnbroking industry supervision.Firstly,this paper combs the development history and supervision history of pawnbroking industry in China,clarifies the position and function of pawnbroking industry in China’s economy and society.Then,according to the ideas of supervision subject,access system,operation rules,withdrawal system and self-regulation,it studies some provisions of current pawnbroking industry supervision,such as restrictions on access of natural shareholders,absolute value,stolen goods and so on.To find out its shortcomings.At the same time,referring to the regulation of pawnbroking industry in Hong Kong,Taiwan and other countries,comparing the relevant regulation of banking supervision in China,and drawing on the successful experience of ancient pawnbroking associations in China,this paper puts forward corresponding suggestions for improving the supervision mechanism of pawnbroking industry in China,so as to promote the healthy and orderly development of pawnbroking industry.