Research On The Local Resources Of Pawn Right And Its Modern System

The right of pawn is the native resource of the rule of law in our country.Despite the ups and downs of entering the law,it is a pity that when the property law was amended in 2007,the right to pawn was not included in the law.However,it cannot be denied that the pawnpower system is the local resource of the rule of law with Chinese characteristics.It is not contradictory to China’s modern rule of law construction and the development direction of the rule of law construction,but the characteristics and advantages of the rule of law with Chinese characteristics.Under the background that the civil code in Chinese mainland is still being formulated but will be issued soon,this paper intends to make readers have a deeper understanding of the value of the system of pawning rights through the way of mentioning the local resources of pawning rights again,and support the system of pawning rights into the code more when it is discussed.The writing of this paper will follow the writing idea of "understanding,judging and constructing",focus on the viewpoint of "pawning right is worth returning and should be included in the Canon again",and proceed from the following three aspects: the local resources of pawning right and its historical inheritance,the value analysis of pawning right returning and the modernization construction of pawning right system.Pawn right is the property right that takes immovable property as the subject matter under the premise of paying the standard price and takes the exercise and use of others’ immovable property as the content.Local resources of pawn include written laws and regulations,relevant social customs and habits,which have different appearances in different time and space.System of law power is made from the northern and southern dynasties bud has continued to modern times,some scholars think the system of law power is made from the western zhou dynasty began to sprout,in fact is a misreading of the Peng Sheng Gui jie inscriptions.Taiwan region has always followed the system of the right of pawn,while the mainland region’s system of the right of pawn has not been written into the property law,but there are judicial precedents and some local regulations with low effect.The value of the return of the pawn system can be analyzed from multiple perspectives: the system value and practical needs of the pawn right are directly expounded,and the views of supporters of the return of the pawn right are summarized and analyzed.The author refuted the view that the right of pawn was abolished,and compared the right of pawn with other similar systems to prove that the right of pawn was irreplaceable,and then introduced the necessity of the return of the right of pawn system.Law power is made after system into the standard still need to the corresponding rules,this paper will be in other countries and regions with rules and law power is made a similar system implementation based on the need of practice in our country modernization construction on system of law power is made,such as the object of law power is made should include land use rights,land use rights,the right to the contracted management of land,etc.The content of modernization construction mainly starts from the subject,object,content and establishment,existence and elimination of the right of pawn.