Discussion On The Practice Of Pawning Dispute Centered On Pawn

The pawnshop system is a traditional financing system in China.It still has practical value and significance.But the present pawnshop system has changed greatly compared with the tradition,but the same thing is still the core of pawnshop.Today,the only legal norm governing the pawnbroker relationship is the "method of pawnbroker management",which is not only a low level of legislation,but also a departmental regulation,but also a conflict between the absolute rules and the provisions of the "property law" which prohibit the agreement of liquid.Therefore,in the absence of legislation,judicial practice on the nature of the pawnbroker relationship is also very different,and then a large wave of judicial issues around the delivery of the property,such as the contract or not,when the legal consequences of the defects of the property rights,as a matter of right attribution.In this paper,we try to find a way to solve these problems by reidentifying the nature of pawn.This paper consists of four parts.The first chapter mainly discusses the central position of the object in the pawn relation.The second chapter,through the case and judgment analysis,puts forward three major legal issues.The third chapter analyzes the practical reasons for the problems of the law in the judicial practice.In chapter four,according to the above legal problems,three suggestions are put forward to establish the requirement of the delivery of the object as an effective contract,to clarify the principle of the right appearance of the object and to establish the rule of the transfer of the ownership of the item.