A Study Of Pawning Rights In The Case

As a unique financing method for China,Codex plays an important role in real estate transactions in ancient China,where land transactions are strictly controlled.The traditional authority system sprouted in the period of the Southern and Northern Dynasties,matured in the late Qing Dynasty,and was officially incorporated into the civil code in 1930,indicating that the system of pawning right in China has become more complete.The power of the pawn in the judicial precedent has the status of inheritance in the Chinese pawn right system.The first part briefly explains the origin of traditional Chinese pawn right system.Through analysis,it has been found that although each dynasty has made many efforts for the development of the pawn rights system,in the context of the ancient Chinese"reinforcing punishment and punishing the people",it did not actually establish a system of pawning rights in the law.Briefly expounded that in the case that the legislation on the pawn right system is not yet perfect,the judgment basis of judges in the trial of pawn power disputes mainly includes laws and regulations,habits,jurisprudence,and jurisprudence.The judge will not only quote relevant laws and regulations but also use some western legal theories to explain the power relations,and make efforts to advance the modernization of the power system.The third part,through the collation and analysis of the jurisprudence,constructs the connotation of code power in the jurisprudence,that is,the concept,time limit,redemption,finding the post and so on.The power of the code in the case is not much different from the traditional code in terms of content.It also inherits the value of the traditional code system that favors protection of the economically weak and fairness.However,the judges of the Jiangsu High Court have also made certain transformations by citing Western legal language and jurisprudence and promoted the modernization of the traditional pawn system.Through the analysis of the characteristics of the code in the case,it is found that the code in the case uses both Chinese and Western legal language in its formulation,and uses the Western method to explain the inherent power of the right and the right.When applying the law,it not only makes a reasonable interpretation but also creates a system.New legal norms.This shows that the High Court of Jiangsu passed the operation of the jurisprudence,correctly explained the legislative intent of the law related to the pawnpower system,and determined the scope and standards of its application,and made up for the blankness of the legal system at that time regarding the power of pawning.In the fifth part,it briefly analyzes the status of the pawnpower system in our country's pawnpower system.The pawnpower in the case law inherits and develops the traditional pawnpower,and it modernizes the pawnshare system and the Chinese Civil Code.The establishment of the right system has played a foundational role and a transitional role.It can be said that the ceremonial power in the case of judgment has a connection with the status quo in China's pawn rights system.