Study On The Legal Systemand Practice Of Pawn In Our Country

After the reform and opening up,the pawn industry has finally ushered in a rapid development of the spring,pawn in our country has become an important financing channel.However,the backward legal system of pawnbroking hinders the development of the pawnbroking industry,and also brings inconvenience to the court in dealing with pawnbroking disputes.This article tries to sort out the pawn dispute cases in practice,and analyzes the realistic problems existing in our pawn system,such as low legislative level,serious lag,non-unity of judicial judgment,lack of effective supervision in pawn trade,etc.,and put forward to perfect our country pawn system’s basic train of thought,namely must carry on the pawn profession the specialized legislation,the clear pawn case trial train of thought and so on the corresponding opinion suggestion.The first part of this paper,from the historical development of our pawnshop and the status quo of the industry to find out the problems in the development of our pawnshop industry and the difference between traditional pawnshop and modern pawnshop.By defining the concept of pawnshop and comparing it with pledge,real estate mortgage,transfer guarantee and ownership reservation,the paper sums up the characteristics of pawnshop system.The second part,the author analyzes 619 civil judgments of second instance involving pawn disputes during the five years from 2018 to 2022,and sums up the main controversial issues of pawn dispute cases in practice,and one by one on the different views of judicial decisions,and put forward the author’s own views,and finally from the practical problems of pawn legal system itself to analyze the problems.The third part of this article,proposed consummates our country pawn system the basic mentality,through to the overseas pawn system the experience enlightenment and the pawn special legislation necessity and the feasibility analysis,considering that our country should carry out the special legislation of pawnbroking industry,and put forward some suggestions on the trial of pawnbroking cases and the application of law by the court,and that the court should unify the standards of judicial adjudication and reasonably use the discretion,to balance the legitimate rights and interests of pawnshops and pawnshops,and effective supervision of the pawnshop industry to promote the orderly and healthy development of the pawnshop industry,put forward suggestions.