Modernize The Construction Of Pawn System

The pawn has over 1600 years of history in China and has undergone various social changes until today.It is different from the traditional financial industry,items are more important than credit which is essential characteristics for pawn.while the pawn has own unique practices,such as the conditional application of traditional security rights must be distinguished from the traditional,the special system is actually the "fossil" in the modern legal system.With the concept of "inclusive finance" and related policy support put forward by the 18 th CPC National Congress,pawn,as one of its forms of realization,has drawn more and more attention.According to the statistics of the Ministry of Commerce of the people's Republic of China Department of Circulation Industry Development,as of the end of December 2017,there are 8483 pawn enterprises,950 branches and 49,000 employees.It has become an important complement to traditional financial institutions and provided new channels for small and medium-sized(micro)enterprises and individuals to meet their pressing needs or investment needs.At the same time,with the new characteristics of pawn,it is necessary to take the ancient Chinese pawn as the frame of reference and understand its past and present so as to study the modernization of the system on the basis of reviewing the history of the system.This paper aims at perfecting China pawn system and can be divided into three parts.First,when pawnbroker has received booty,the original right owner can pay for the cash withdrawal.On the contrary,the pawnshop returned to owner without compensation.Second,the rationality of pawn termination and fluidity contract.It is recognized that the pawn bank has the conditions applicable to the fluidity contract,but it is necessary to adjust the conditions to be properly adjusted.Finally,the rationality of the calculation of pawn interests and fees in China.Supporting the rate 24%-36% is reasonable.Through the above problems,we must reconstruct the system that adapts to the times and national conditions,hoping to help our country's socio-economic development and legal improvement.This article is divided into six parts.In the first part,by combing the development of ancient Chinese pawns,clarifying the concept of pawn,and exploring the nature of the law,we can see that ancient pawn shows more consumption characteristics;the nature of law is real rights granted by way of security.The second part by concluding that the modern pawn has a stronger investment character by comparing the scope of the ancient and the modern pawn with the proper range,the target of service and the pawn of pawnshops,and analyzes the great positive impact of the economic and social life in the new era.It is concluded that the pawn in the new era should be modernized in order to meet the needs of the times.The third part points out that in the pawnshop business,when it comes to the matter involving the stolen goods,confiscating is the wrong way to ignore the interests of the pawnbrokers.By investigating the feasibility of obtaining the goodwill of the stolen goods and the relevant provisions of the relevant laws outside the territory,it is concluded that the bona fide collection system of the pawn shops should be constructed.One of the most critical pawn shop line of goodwill standards,put forward by the behavior of the acceptance criteria to determine.The fourth part starts with the prohibition of the banned liquidity in close relation with the improper thing,and examines the rationality of banned liquidity in line with the current development.And refer to the case of pawn absolutes,the court at this stage is to support the "pawn management approach" absolutely limit the applicable provisions of the liquid.Generally speaking,it is worthy to be sure that the breakthrough in property law must be properly regulated.Moreover,choosing fair principles in contract law to resist bad influence of fluidity contract and put forward view about pawned items auction.The fifth part is the discussion on the interest rate charging of pawn shops' high interest rates and the discussion on the justification and justification of the calculation method of interest income after the free trade.After consulting a large number of cases of judicial practice,we found that most of the regulations on the calculation of interest rates on pawnshops are handled on the basis of private lending judicial interpretation article 26,but they are chaotic and there is no unified handling regulation.After analyzing the reasons for the high pawn interest rate formation and comparing with the existing universal calculation methods,we found that if the sum of the interest rate and the comprehensive rate does not exceed 24% of the annual interest rate The interest expense would result in a higher compliance cost than the illegal costs,which led to this calculation is unfair.Come to the pawn charge higher interest rates charge higher reasonable,but still too high should be subject to legal restrictions,and interest rates after the absolute interest rate control I think the judge can consider the comprehensive factors on its regulation at an annual interest rate of 24%-36 % Of the floating range,not only the annual interest rate of 24%,in order to protect the interests of pawn shops,to maintain a large number of pawn transactions.The sixth part mainly carries on the modernization of the pawn from two aspects: firstly,it enhances the legislative effect of the code pawn under the relaxation of the legal principle of real right and secondly,sums up the modernization construction ideas for the pawn problem of the precious study.