On Xixia Pawn System

Tangut founding190years (1038-1227), as a minority regime is located in the northwest china, the level of social development far less central plains. But by reference to learn central plains, greatly promoted the development of its political, economic, cultural and other fields. The same time, as a nomadic as the mainstay of countries, everywhere reveals the unique characteristics.Pawn broking industry is a closely related to people’s lives, especially in the operators of pawn business entities, borrowing, borrowing rate, the pawn contract as well as pawn broking law, related many aspects of social. Research Tangut pawn system have great significance to understand the level of economic,people’s material living conditions, and social relations between people in Tangut.Thanks to the "The New Law of Tiansheng Era" found finishing, provides the legal basis for the study of the Tangut pawn system. Imperative legal provisions related pawn concentrated in Volume III of "The Pawn",.not only convenient for the study, and help to define the content and scope of Tangut pawn, to be more clear and accurate comparison of the Tangut and Tang, Song, Gold pawn similarities and differences. The discovery of some pawn contract, to provide the kind of information for the study of Tangut pawn system.This article applies the method of comparative analysis, the firstly, analysis of its influence on the development of the Tangut pawn broking economy; Secondly," The New Law of Tiansheng Era " in the legal provisions relating to the pawn, such as the debt both sides of the norms and limits of the subject matter and the interest rate and the pawn the provisions of the contract and so on is analyzed, and compared with the tang, song, jin pawn method are compared;Finally, in Tangut pawnbroking subject types and pawn of pawnbroking business, as well as pawn contract content is analyzed, and comparing with the pawnbroking of tang and song dynasties. Found that Tangut pawn law " The New Law of Tiansheng Era ", formulated the relative meticulous perfect pawn method, which is at the same time the Song, Liao, Jin cannot catch up." The New Law of Tiansheng Era " in about pawn contract provisions, not only embodies Tangut laws respect and maintain for the authority of contract, at the same time also reflect the contract freedom and equality thoughts. But this kind of freedom of contract is not absolute, there is also a government forced intervention in some conditions, at the same time, due to the disparity in economic strength and the economic status of the gap, it is impossible to realize in the true sense of both parties equality. In the pawnbroking business conditions, Tangut pawnbroking business type is also distinctive. In ancient China, the pawnbroking business types can be summarized as pledge loans to property, pledge loan to grain, deposit, credit lending. But as a result of its special economic environment, pledge to borrow grain to property became very important in the Tangut pawnbroking business types.Overall, the characteristics of the Tangut pawn system roughly as follows:Firstly, livestock products is the main of pawn pledged Collateral; Secondly, Borrowing goods are grain; Thirdly, the Tangut formulated conduct of pawn broking in national law specially; Fourthly, the law allows the subject of pawn, including not only the movable and immovable property, also allows pledge population; Fifthly, comparison of Tangut, Dunhuang and Turpan pawn contract in the form is somewhat similar, but Tangut pawn contract is more concise, no unnecessary words.The Tangut pawn broking in the development process, not only gradually formed its own characteristics and also had a major impact on the social development of Tangut. On the one hand,it had a positive role in Tangut social development:firstly, relieve the poor lending difficulties and restrict hurt usury for the poor; Secondly, helps to increase revenue; Thirdly, promote the circulation of commodities and the development of commodity economy. On the other hand pawn broking growing also had a certain negative impact to Tangut society:Firstly, the wealth concentrated in the hands of a few, exacerbated the rich-poor divide; Secondly, Tangut law expressly permits mortgage the population, in particular allow debtor wife and daughter mortgage debt, intensification of class contradictions and social conflicts; Thirdly, Provide channels for the disposal of stolen goods.