A Study Of The Pawning Right

There are a large number of civil laws in the history of Chinese legal systems , some in these civil laws are only found in China, among them the pawning right has the most unique characteristic .And than, it is one of the fewest systems affected by foreign law.This article adopts the analysis methods of positive comparison and history for introducing the developing history of the pawning right, studying its motive force of development. With studying four typical cases of China's modern judicial practice, this paper researches several issues existed in the process of Chinese legal modernize transformation. The parts of forth and fifth is the most important and novel section that make the paper differs form other relevant fields' papers.This article is composed of five parts, has more than about 32,000 words.The first part of this text is the foreword. Through introducing Current studying situation of the relevant fields of pawning right, this part indicates the purpose of selected the issues. Through recommending the background of characteristic and era of the pawning right, this part explains the meaning of the selected title.The second part introduces China's pawning right's gradual progress. This part composed of four sections. The fist section introduces the origin of pawing right before Song Dynasty. The second and third sections introduce the evolution of pawning right form Song to Qing Dynasty. The forth section studies the characteristic of the pawning right.The forth part analyses four typical pawning right cases in the China's modern judicial practice. On this basis, this part analyzes the question that the cases reflect further. The paper indicates that the legislation of the pawning right is deviated from china's social situation at that time. And it also points that legislator, as the elitists who make the law, their consciousness and people's consciousness have conflicts. Finally, it indicates that if legislation is more exceed the times, it must finds out an approach to fit the need of the society.The fifth part researches the issues found in the process of modernize transformation of the pawning right. Through reviewing the evolution of the pawning right, this article proves that today's Chinese legal modernization must pay more attention to the importance of native resources. After analyses four cases deeply, this text finally find out four factors to make the more exceed times' legislation put into practice.