A Study On The Imperfection And Perfection Of Pawn Institution In China

Pawn, a special financial activity with a long history, bears the severe test of surviving and finally gets a new development in the process along with the changes of the times. At present, as the important financing pawn of small and medium-sized enterprises and individual industrial and commercial households, pawn industry has assumed an important role in the social and economic life. And with the growth of industry scale and the enhancing of the quality of service, it will affect the national economic life as well as bring more convenience for the people and enterprise’s economic life gradually. For the reason that the importance of pawn are highlighted, pawn business activities of the relevant laws and regulations also have higher requirements. The main legal norms adjustment of China’s pawn business activities in2005published the "hock management measures", which conforms to the trend of the development. The system designing to the details, such as reducing the pawn business scope clear and comprehensive rate and so on, conforms the pawn development rules. But in contrast to some more mature legal systems in foreign countries and Hong Kong and Taiwan, there are still some defects. For instance, first, the attitude to the development of the pawn industry is not clear. Second, the confusion about what the industry is and the low legislative level and the shortage of kindly receiving stolen goods and so on. All these defects do great damage to the development of pawn industry. No applicable laws and legal uncertainty often occur in the pawn business activities. At the same time, related disputes increase day by day. Due to the reason that compromises usually can’t be made by the court in dealing with the pawn cases, different codefendant results appear in the same cases. Therefore, it is certainly urgent to perfect our pawn system currently. Referring to the through the outstanding mortgage systems of foreign countries and Hong Kong and Taiwan, we can improve the defects of China’s pawn system. As a result, it is conducive to promote the sustainable development of China’s pawn industry more healthily, stably. And it will bring further perfect service to the economic life of the country, which has profound significance for the industry.