A General Discussion On Legal Issues Of Pawn

Pawn is one of traditional methods of financing in China, which is convenient and quick for exchange of money and is in practice until now. Pawn is based on the practice of pawnshops and called "business lien". The pawn as a lien means that a borrower borrow money from a pawnshop and deliver his movable to the pawnshop for lien. If he can't refund the corpus and interest in a specific period to redeem his movable, the title is going to belong to the pawnshops as a charge for the money the borrower take.The practice of pawn once disappeared since the foundation of the P.R.C., but revived in the reform and open tide at the end of 1980's and develop quickly. Despite of its existence and development for over 20 years, pawn is still out of the control of civil statutes. Although the relevant authority issued some regulation, the practicability and reasonability of concepts and regulation is far from perfect due to the limit of standard of legislation and industry interest. The practice ofpawn is not in line with the traditional civil law theory, which arise a lot of confusion and disorder to handle with. Based on these facts, the thesis tries to develop its elucidation by bringing out the point, then coming up with the problems and analyzing the problems and finally resolving the problems. The body is divided into four parts as below:Chapter 1, The principal legal problems of pawn. This chapter firstly specifies the concepts and characteristic of pawn, then introduces the history and operation procedure of pawn, and the elements of legal formation. The writer set a theoretical basis for later analysis. Chapter 2, The difference between pawn and other similar legal system. This chapter elucidates the difference between pawn and dian quan, pawn and mortagage, pawn and alienaton warranty , pawn and title retention, pawn and trade with supplementary articles about redeem. Chapter 3, The actuality of pawn industry in China. This chapter introduces three questions, namely, the legally theoretical confusion of pawn, the deficiency of the legislation on pawn, and the problems arise from pawn industry. Some conclusion and arrangement are made. Chapter 4,The complement of legal theory on pawn and the settlement of disputes. To begin with, the writer analyses and correct the wrong practice from the view of basic civil theories and extant statutes. Based on the agreement to the mainstream school, some theory analysis on pawn is supplied. Then the writer gives out a elucidation about the given cases and ends the thesis with legislative suggestions.