Code System Principles Study

In order to rectify the mistaken knowledge on Pawing Right instead of Pawning System, this paper tries to restore its true colors by beginning with textual research, and on the basis of that, works out a theoretical summary on it with an Ancient Chinese Private Property Law (ACPPL) visual angle. This law system, Roman-Continental law one and Common law one represent three typical law thinking patterns three typical making-law routes which can work in coordination, but ACPPL is barely known by comparison.The character of "pawning" (典) used in business transaction fist made appearance in Pengsheng Gui inscriptions of mid-Western Zhou about 3,000 years ago. "Pawning", the trading legal form, refers to purchase of the sub-ordinary divided titles, while "Pawning", the exact word, means "doing sub-master". The fountainhead of Pawning System can be dated back at least to mid-Western Zhou, and the one of "bi-maters or multi-masters on a landed estate" too.It is in the course of the combination of mortgage and deal that Pawning System develops and gradually matures, not originating from mortgage.The combination of mortgage and deal becomes urgent and easy in the follow context reasons. The fist one is the legal culture featuring no lawsuit, which creats urgent demand on auto-relief. The second one is the developed private-indenture law, which is the main body of ACPPL. And last one is the development of merchandise economy, in which people can easily master the deal principle.The principia of the internal combination of mortgage and deal arecomposed of the fist principium named equivalent transformation, the second one named partitioned-price distribution, and the third one named different legal relations conjunction. The first refers to the transfaction from comparative value to equivalent value. The second refers to the division of the whole deal into several ones. The third refers to the conjunction of different legal relations into a whole through conditioning one legal relation by another.The perfect forms of combining mortgage and deal are Standard Pawning (S-Pawning wrongly called Pawning Right) and Mortgage Pawning (M-Pawning wrongly be understood as Western pawing), which are two kinds of half-deal system. S- Pawning is not usufruct, M-Pawning is not Western pawing either.Based on the comprehensive comparison between the West and China, this paper puts forward some legislative suggestions, one of which is that S-Pawning and M- Pawning should be enacted as special deal indentures into Contract Law.