Applicable Law Studies On Pawning System In The Judicial Practice

Pawning system has a long development history.After the founding of new China,especially after performing the reform and opening-up policy,the development of Pawning do not decline with the financial channels diversified.Conversely,because of its financing more easily and quickly,pawning is appreciated by part of the small businesses or individuals.However,throughout the legislation of our country,there is only Measures on Administration of Pawning authorized by the Ministry of Commerce specially on regulating pawning disputes.Some regulations thereof are even conflict with Guaranty Law,The Real Right Law and other basic law.Therefore,the absence of relevant Pawning legislation not only leads to the increase of pawning disputes,but also place the judicial practice into dilemma.There are many difficulties on solving pawning disputes during judicial practice,for example,whether the contract comes into effect when mortgage registration and pledge registration formalities are lack,whether providing guarantee of the person in the pawn contract is allowed,and how to charge fees when terminating pawning or breaching the contracts.And lacking of unified standard makes law worker confused.Therefore,the article aims to make a research on the pawning system,by analyzing its essential attribute,clarifying its definition,and finding out a proper way to solve the pawning disputes efficiently with dilemma encountered during the judicial practice,thus to make a contribution to the healthy development of pawning and propelling its improvement.