A Study On The Legislation Of The Pawning Right In The Republic Of China Period

This thesis is mainly about the Legislation of the Pawning right in the Republic of China time.The Legislation of the Pawning right is one of the Chinese nation unique traditional legal regimeon property.The Legislation of the Pawning right itself also has the Chinese nation inherent law tradition characteristic.From the emergence of Pawning right to the early development;Thedevelopment of the Legislation of the Pawning right, passed through several troubles.Then,it was mistaken as areal 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 the importance to it and Put it formally in Civil Law Draft,but the real nature of the Pawning right institution was stil lmisunderstood. Finally the Civil Law of the RePublic of China made the institution clear and Perfect. By studying the legislation history of the Pning right institution,we can see that making laws requires the transplantation of foreign laws and the inheritance of trustworthy historical civil materials,especially the experience carried out by the legislation history of eivil law.The thesis includes four parts except preclude.The first part is mainly introduced the concept and the nature of the Legislation of the Pawning right,and analyzed the social reasons which the Legislation of the Pawning right produces,then compared the Legislation of the Pawning right with several similar right stoillustrate the nature of the specificity of the right.The second part of the thesis introduced the history of the development of the Legislation of the Pawning right before the Republic of China time.the Pawning right began to emerge in the civil in the Western Han Dynasty.By Sui and Tang period, it developed and became more and more mature.To the Song Dynasty,the beginning of the official Code of the right enshrined in the law system.Ming and Qing Dynasties as the development of commodity economy,theLegislation of the Pawning right provides that the right became more and more mature.By the late Qing period,the government began to reform the law,the Legislation of the Pawning right was mistaken as areal property pledge similar with the right in Japan.Therefore the Legislation of the Pawning right was abolished.The third part focused on how the Republic of China trying to return and Re-established and the Legislation of the Pawning right to make the Legislation more perfect.Assomenegative consequences occurred in the late Qing period as the government reformed the law,Therefore,the government of the Republic of China began to research more about the Legislation of the Pawning right.In order to formulate the civil law,the government of the Republic of China had carried on as caleun precedented civil custom investigation.And carried on the classification to some civilcustoms.Dring the time of formulating the civil law,the law makers Profited from the reasonable civil custom,and forbided to use the unreasonable civil custom.In confrontation of the civil law and customary,the Code,the Legislation of the Pawning right had been constantly improving.The fourth part mainly elaborated the influence of the Legislation of the Pawning righ made by the government in the Republic of China time.especially to the Contemporary China legalregime.And think about how to correctly deal with the nation's legaltraditions inherent.Then we draw a conclusion that making laws requires the transplantation of foreign laws and the inheritance of trust worthy historical civil materials,esPeeially the experience carried out by the legislation history of eivil law.