On The History, Actuality And Development Of Chinese Pawning Right System

The system of pawning right is a unique institution of China. The scholars have reached the common understanding on its usufruct attributes. Therefore, we can find the content of pawning right were always set in the chapter of usufruct when we read different versions of suggestions about Domestic Draft Real Right Law, including governmental and nongovernmental. As the way to exchange estate, pawning right can be traced back to the Western Zhou Dynasty or earlier era. Now we are not able to identify when this method became popular. After a thorough analysis of the historical background in this article, the author believes that the pawning right has been formed between Northern Wei Dynasty and Tang Dynasty, and it was regulated under law in Song Dynasty. Pawning right has its embarrassing in theory, but is still surviving after thousands of years. So as we can see that is enough to prove the tenacious life it has. However, is it necessary to rebuild this thousand years old system under the new Law of Real Right? And how to make it perfect if rebuild? And in what direction the pawning right system can be developed under the new circumstances in our country? These above questions are what this article will be focused on. To answer these questions, first of all, the author will compare longitudinally the pawning right systems in different dynasties in Chinese history and secondly, compare laterally the pawning right systems in Mainland China, Taiwan province of China and Southern Korea. By demonstrating the irreplaceable advantages of the pawning right system, the conclusion will be drawn to prove that any other systems cannot be used to...