Research On The Legal Application Of The Case Of Pawn Dispute

Pawn is a kind of traditional financing method in our country.According to the textual research of scholars,it has a history of over one thousand years.With the continuous development of social economy,the pawn industry also rejuvenated itself and became an important financing platform for ordinary people's life.However,for a long time,the lack of legal norms in the pawn industry and the lack of supervision in the industry led to the gradual increase of disputes among pawnshops and the increase in the number of pawn litigation cases accepted by the courts,and the increasing number of such cases in the application of law Prominent.Therefore,how to effectively solve the problem of the legal application of pawn disputes and ensure the unity of the judgments of courts across the country are the main objectives of the paper writing and the issues that deserve our consideration and discussion.This article is based on the summary of pawn and pawn dispute cases,the problems in the application of pawn dispute cases and the analysis of the causes,and the logical sequence of the solution to the legal application of pawn dispute cases.The first part deals with the basic theory of pawn and the basic situation of pawn dispute cases.First of all,by introducing the concept of extra-territorial pawn,we can deduce the interpretation of pawn in our country.Next,the basic features of the pawn,the differences between the pawn and the related concepts,and the elements of the pawn legal relationship are explained,which gives us a preliminary understanding of the pawn.Finally,the author has listed the basic conditions of the trial of pawn disputes in the Shanghai court in the past three years,such as the causes of the case,the parties' litigation requests,the focus of the dispute,and the legal basis for the court to make a judgment.The second part discusses several problems existing in the legal application of pawn dispute cases and analysis of the causes of the problems.According to the data presented in the first part of these pawn dispute cases,it is found that there are problems in the legal application of such cases in judicial practice.The judges of different courts may have different views on these issues and have different opinions.Mainly manifested in the pawn legal relationship is established,the effectiveness of the pawn contract,pawn interest charges and penalties and the determination of the handling of the dungeon matter.Exploring the causes of these legal application problems is that at present,the research on pawn legal theory in China is imperfect,and there are controversies among the theoretical community in the concept of pawn,the nature of pawn legal relations,the scope of pawn objects,and so on,leading to the trial of such cases.Insufficient theoretical basis;second,inadequate supply of legal norms in the pawn industry;“Pawning Management Measures” are only departmental rules;their legal rank and legal effectiveness are low;some of the contents are also in conflict with other laws,and courts are inevitably inconvenient when applying the law.Situation;Third,the trial lacks a unified legal application rule,the judge has a large discretion,and the referee is not unified.The third part proposes to solve the legal application of pawn dispute cases.In response to the problems in the application of these laws,the author proposed a corresponding solution path in the last part of the book,improved pawn legal research under the current lack of pawn legal research,and formulated special pawn industry laws to supplement the legal supply of the pawn industry and supplement the relevant Regulations;what kind of judicial principles and principles the judges should follow in the trial of pawn disputes;and the establishment of a uniform rule applicable to the trial of pawn dispute cases.