The Legal Dispute Research Of Pawn

The pawn industry’s development in China has a long history, but now the development of pawn industry gives the ancient "pawn shop" a new connotation. There as the real estate has become the management object of the pawn industry, the pawn industry’s management scope has become bigger and bigger. The Pawn industry is not belong to the bank financial institution, and it also not belong to the private lending. Its existence and development is already very hard. More disputes happens in civil activities, even many legal pawn business may be judged as a crime. Once the processing is not good, the development of the pawn industry will be more difficult in the future, so it should be protected legal and rational. But in judicial practice at present in the treatment of pawn business exist some disputes For example the cause of action that is differ, the verdict on the basis is different, dealing with problem as chaos.The author gets his theory depending on reading a lot of literature and analyzing most real cases appearing in practice, he firstly analyze the theory of the pawn and then analyze the practice of the pawn.This paper according to “pawn management approach” rules. I selected three typical problems in pawn industry but in different areas of the pawn industry. Through one case I will discuss if there is a company makes loans in the name of the pawn industry. The writer definitely that the company make loans or illegal management through analyzing if making loans is relending at high interest rate and if making loans is illegal business behavior. At the same time I also discuss the pawn industry as a independent legal status corporation, It should be protected when the pawn industry developed legally. The effectiveness of the pawn contract in most common in pawn disputes. The general effective of the pawn contract is bounded by "contract law" and "civil law",the pawn contract is valid when the third person provide the pawn no matter in practice or in theory and when the contract is against the form of the law the contract is also valid. The real estate is listed as a object of the pawn there appears a lot of problems in practice. The real estate pawn is different from the real estate to make and building property mortgage. It is useful to solving the dispute in real estate pawn through analyzing the effectiveness of the real estate pawn contract.