The Pawn Custom In The Contemporary And Its Modern Value Research

In a ancient China, pawn is a historic system. After appearing, it has evolved into the perfect institutional system of pawn. Since the establishment of People’s Republic of China, right of pawn has been abolished. Yet system of pawn has been existing in the form of customary law. There is no integrated contradiction between China ancient system and Westernized law, for example system of pawn. Maybe it is a better choice to introduce the westernized system into China, after which has been argued deeply.From the perspective of customary law, this article investigates the system of pawn in the contemporary to land contract as an example. Then it elaborates the custom of pawn focused on the ancient society of China and analysis its modern value, with which Chinese special legal culture. Finally the thesis puts it forward that the system of pawn should be introduced to the current law, and analyzes the reason and the possibility about that.The article is consisted of five sections. The first section presents the historical process of the pawning right’s system. Firstly it searches for the origin of pawn from probing its concept. Secondly it sum up with the situation 0f system of pawn during the Qing Dynasty and before. Finally the text describes its new features and new changes. The second section is argued with the form of the pawning right’s contract on the base of the content of land contract. The third chapter discusses the custom of contracting deal of system of pawn. It emphasis the habits of redemption, habits redeem, transfer habits, priority habits and so on. And it generalizes the feature of dian from the perspective of the transfer and the transferee. The forth chapter is about the concluding the cons of the missing pawn in modern law. That is divided into five areas, including that which fail to heritage our national culture, not fully accord the objective needs, fail to thoroughly implement the spirit of private law, fail to effectively promote the efficiency of the transaction, fail to adequately protect the security of transactions. The fifth chapter reveals the probability to reestablish the system of pawn.