A Study Of The Legislation Of The Pawning Right Institution In Modern China

The development of civil law is a historical process. At present, the Peoplets Republic of China is establishing the Civil Code. Its establishment requires the transplantation of foreign laws and the inheritance of trustworthy historical civil materials, especially the experience carried out by the legislation history of civil law. As one of the good civil traditions, the pawning right institution embodies the features of the national culture. However, its development had undergone great changes in modern Chinais civil law. At first, it was mistaken as a real property pledge and omitted by the law makers of the Civil Law Draft of Qing Dynasty. Then, the law makers of the Republic of China began to attach importance to it and put it formally in Civil Law Draft, but the real nature of the pawning right institution was still misunderstood. Finally, the Civil Law of the Republic of China made the institution clear and perfect. By studying the legislation history of the pawning right institution, we can see that the requirement of real life had made the pawning right institution come into being. It is the law will, not the law makers will, worth studying. Moreover, the history tells us that one of the duties of law science is to make the law development accommodate to the practice and the trend of the developing society.