On The Essential Of The Existence Of The Pawning Right System

The pawning right institution is a special system of properties in China.The formulation of the pawning right only exists in the civil law of China’s Taiwan region.Scientific and reasonable defination of the pawning right means very much to the further study of its significance.There exists three theories of the pawning right’s nature which calls usufruct righ、guarantee right and specialty right.This article adopts the the theory of special right in rem.The pawning right is a special kind of usufruct right which is different from the mortgage right、the pledge right of immovables、the right of lien、the purchasing-back contract and the system of rent.Hence the exists of the pawning right is extraordinarily necessary.As a kind of regular system,the manner of the pawning right’s existting is being a civil custom,not regulated into any statue documents. With the developing of economy and the deepening of the commoditial of land during Song Dynasty,the pawning right is more prosperous than foretime.From1949to1956,the time until when China finished the product material’s socialism transform,only a few ministry regulations and judical explainations formulated the pawning right.Afterwards,the accomplish of the transform of the product material means the vanish of the privatization of land for the ownership of land was drawn back to the government.As a result,the right in rem besides ownership vanished.Meanwhile,the socialism culture abolished the feudalism one,which made the pawning right rare and the object only restricted to the ownership of houses not land.The pawning right based on the ownership of land lost its social foundation.There is no regulation of the pawning right among the Law In Rem Of Property promugated in2007.Meanwhile,the pawning right system needs not only to exist but also to be collected into the system of the Law In Rem Of Property. Adoptting the pawning right system into our country’s law system is a practice according to the custom of our country’s legislation.The existing of the pawning right meets the need of the socialist market economy. And distributing the earings earned through the full use of the pawning right system is a way to make the destribution system regulated by our Constitution come true.Our Constitution protects the ownership of private properties.The base of the existing of the pawning right system is that people’s legal privateproperties’ protection by China.The consideration to the opinions opposing the existing of the pawning right system.Until now, the Law In Rem Of Property hasn’t receive the pawning right. This is a briliant choice only reflects the circumspect attitude during the legislitive course.There are a lot of very serious discussions needed to adopt the pawning right system.The existing of the pawning right system adjusts to the principle of numerus clausus and the current situation of our governing system over immoveables.