Legal Promotion Of Pawnbroking Development In China

Pawn is a special financing means to loan from pawnshop by mortgagingspecific goods or property right, the essence of which is to get moneywith goods. As a convenient means of financing, pawn is a powerfulcomplement to other financing methods, and it has its own uniquecomparative advantages. Although there are some differences betweenpawnbroking and banking, it still has a very important role for wideningthe financing channels, developing the socio-economic, facilitatingpeople’s lives and stabilizing the social order. In our country, sincethe pawnbroking comeback, The entire economic and social environments hasundergone great changes, and has posed a severe challenge to the survivaland development of pawnbroking.The first chapter overviews the development of pawnbroking, andanalyzes the problems existing in the development process of pawnbrokingin our country. This article first introduces the basic definitions andthe basic operational process of pawnbroking, and has a simple comparisonbetween pawnbroking and banking. Secondly describes the social needs ofthe pawnbroking development to form a clearer understanding and knowledgefor pawnbroking. Lastly summarizes and analyzes the problems in the development of Chinese pawnbroking, such as bias in the concept, shortageof professionals, unclear in industry attributes and so on.The second chapter analyzes the regulatory institutional basis ofpawnbroking. This chapter first analyzed the financial industry and theneed for regulation of pawnbroking, such as imperfect of the legislativesystem, missing of the important regime and unsound of the regulatorysystem and so on. Then describes the risk and regulatory of pawnbrokingwhich is market risk and operational risk mainly through three casestudies. Lastly the chapter analyzes the existing regulatory regimes ofthe different regulatory periods by the different subjects in our country.The third chapter explores the advanced regulatory system theoverseas pawnbroking. This chapter mainly introduces the advancedregulatory regime of pawnbroking of outside countries such as UnitedStates, United Kingdom, Japan and so on and analyzes their successfuldevelopment experience, such as good legal and regulatory environment,strict market access conditions, reasonable handling system and robustregulatory system and so on, then provides a reference for the sustainedand healthy development for Chinese pawnbroking.The fourth chapter against the existing problems of pawnbroking inour country at present, proposed the measures which improved theregulatory regime in our country by referencing abroad advancedexperience on the basis of previous article by analyzing, summarizing andorganizing, such as improved laws and regulations, established andrefined the market access and exit system, provided the system ofreceiving stolen goods in good faith, sounded the regulatory system, andhope to improve the external environment and promote the self-reform,facilitate healthy and standardized development of the pawnbroking in ourcountry, and then promote the whole social and economic development.