The Pawning Right System In Qing Dynasty And Modern Enlightenment

The Pawning Right System is not only one of our traditional legal culture, but also is the crystallization of the wisdom of ancient China’ legal culture.It can reflect the achievements of the Chinese ancient civil legislation.The Pawning Right System and the social and economic development in ancient China has a high degree of fit.It is original system of the ancient society of China, and through the development of dynasties, in the Republic of China to form a self-contained system.now, it is also still in Taiwan, but missing in mainland China,due to the change of social system. Until 2008,when the "property law" was on the occasion of the introduction,The pawning Right System became the object of scholars and legislators discussed once again. As such a unique legal system with Chinese characteristics, which can exist on thousands of years in our country, it must have its incomparable superiority. In the face of changes in modern society and economic development,the Pawning Right System is still able to provide the same boost for our country’s development as always.This center will analyze.The Pawning Right System in China’s development is a continuous accumulation and improvement process,which has always been throughout the entire history of the development of ancient China. It was brought into law for the first time in the Ming Dynasty,then, It has been a great development at the time in the Qing Dynasty.The content of the Pawning Right System become more comprehensive, more perfect.On the one hand,the Qing Dynasty inherited the useful content of the Pawning Right System from the Ming Dynasty’, on the other hand,some new contents has been increased, such as liability risk provisions,the privileges for Manchus.It can be said that the Qing Dynasty is the peak phase of the Pawning Right System development. And, at this point, it has basically formed a relatively complete system of Pawning Right.The object of pawning right is mainly real estate.Due to the missing provision for the case of real estate transfer possession in the Property Law,the Pawning Right System just can compensate for the lack of legislation in this regard.Although the "Property Law" is still not included in the Pawning Right System, it does not mean that the system does not have the benefit.On the contrary,its economic value, commercial value can not only to solve some of the current plight of our existence, such as the problem of small property, low-cost housing and other issues, but also facilitate the effective operation of market transactions. China’s "Civil Code" development work has also been carried forward, which will also become the restarted opportunities for the Pawning Right System.