Pawn Legal Issues

Pawn is the non-bank financial sector in ancient Chinese, and the prototype andthe origin of modern banking. The objective existence of the pawn is closely linkedwith the social and economic development, so it is not human factors, or some kind ofsocial and political forces that can be easily ruled out. The old Chinese pawnshop isvery popular, but often seen as a position of vulnerability, the tools of materialisticexploitation to the people. After the founding of new China, pawnshops have beenbanned as a residue of the old society. With the reform and the diversification offinancing needs, pawn with a new look come back again. Compared to the old andnew pawn, the new pawn has a significant change in business scope, mode ofoperation, and the service object. The pawn business scope extends from the physicalproperty to the property rights, and develops from the movable property to the realestate. Because of these changes, that poses serious challenges to the traditionaltheory of civil law and judicial practice. Pawn as a socio-economic phenomenon ofthe reality of economic life, has special social functions and distinct legal personality.Therefore, awareness and research a pawn problem is extremely necessary. Thisthesis is divided into two main parts, the first part is pawn basic theory part. Firstly,clearance of the basic meaning of the pawn; Secondly, depth analysis of the natureand the characteristics of the pawn; Finally, described the changes of pawndepartments and pawn regulatory.The first part is the pawn practice section. In this part, the pawn process isdivided into four sections once again, it’s contained: Deposed pawn, Received pawn,Ransomed pawn and continued pawn, Despaired pawn. In the Deposed pawn part, Wediscussed the following issues: what is appropriate material, when deposed theproperty of others, the validity of the pawn contract, When didn’t apply mortgage,pledge registration, the validity of the pawn contract. In the Received pawn part, weanalyze that how to deal with the pawnshop received the stolen goods. In theRansomed pawn and continued pawn part, we will briefly describe. The Despairedpawn part is the key part. In this part, we discuss the following questions: the legalconsequences, the interest fees, the processing of goods and so on. The second partdiscusses the pawn business rules. The pawn business rules Is gradually formed in thedevelopment of long-term trading rules, Or trading habits. The construction of pawn legal system is actually depended on the pawn business rules. Therefore, this articlediscussed the core rules of the pawn, include the Material change money rules,Redeem rules, and Despaired rules. The third part analysis the controversial issues ofthe pawn. Firstly, we discussed if pledge does not hold, how about the pawn contractvalid; Secondly, how to deal with the pawn shop received theft goods in good faith,Through history system and learn abroad relevant principles, then put forward myown proposals; Thirdly, the article discussed how to deal with the despaired goods,When one of the disposal, must limit the application of the liquid rules. However,Liquid rules is conflict with China’s existing laws, Through the analysis is it necessaryretain the liquid rules, then we can be application of the rules for perfect pawnlegislative.