The Research Of Pawning Institution System Of Qing Dynasty

The pawning institutional system,which originally meant that the pawnees paid the consideration to and then took the possession and the usage of real estate from the pawner,is a favorite topic of the academic community to make textual researches on.Famous scholars from various academic domains focused on it and wrote on it,so the successors who take researches on this field can gain reference from the predecessors’ plenteous achievements.Besides the abundance of the previous writings,the deficiencies of existing works are also obvious for the fact that the researches were mostly carried out in a roughly way of grand narration but were short in investigating the specific and explicit expression of the pawning institutional system in a certain period of Chinese history.In Qing Dynasty,there was a huge amount of official legislation or folk customs related to the pawning institution,so it is worth lucubrating the detailed affairs of this topic of Qing Dynasty,for its perfection in the official institutional establishments and folk customs,according to both jurisprudential basement and political preference.At present,this field of research is still in the vague and vacuum academic space.So,with this opportunity,this article is aimed at taking a surface-to-essence research,for the purpose of contributing a little to the academic circles.This paper is divided into six parts:The introduction part,first of all,introduced the reason why this topic was selected and then the breadth and depth of the current researches of it.In the meanwhile,the part pointed out that the pre-existing researches towards the selected topic “pawning institutional system”were,to some extent,insufficient,especially on the lucubration about this topic in a certain period of Chinese history.And further by pointing out the historical facts that the Qing Dynasty prosecuted "tribal politics" and its interaction with the classic pawning institution,the part based the its purpose and innovation on partial fillering,exploring and novelty-seeking of the pawning institution system.The first part of the text,"summary inspection of the source and course of the pawning institution system",set forth the symbiosis relationship between the pawning institution system and the revolution of the land system,by analyzing the economic cause about it and the generation and transformation of it.And it is aimed at explaining that the pawning institution,which derived from the tension or gap between the actual land annexation and theofficial restrained practice towards the annexation,is a latent rule in land annexation,becoming a subterfuge to indulge the land annexation.The second part of the text,“the official system and folk custom of the pawning institution”,intended to show what the pawning institution was in Qing Dynasty,with clearing up of the legislation of it through analytical method of modern civil law and inspection of folk customs.And Compared with the official legislation and the folk custom,it is obvious that the official law and folk custom are superficially congenial but also in the tendency of deviation.The third part,"the alienation of Qing Dynasty",minutely described the exogenous factors,such as the bannermen’s real property,Mongolia-banned-policy and the classic slavery system,resulted in the distinct situation and expression in Qing Dynasty.This part is to hunt for novelty and exploration about the Qing Dynasty.That,one falling leaf is indicative of the coming of autumn means comprehension comes from analogy,so we may also realize the lead-to-one-side ethnic policy from the comprehension towards the discriminative regulations of Qing Dynasty.The fourth part,"the modernization of classic pawning institution system in the late Qing Dynasty".Firstly,due to the eagerness for instant success,the classic pawning institution has been misread as the pledge on immovable by the Draft Civil Law of Qing Dynasty and so the pawning institution,which experienced more than a thousand years,has disappeared eventually.Subsequently,along with excavation and integration of the native legal resources,the “pawning right”,with the right-of-way transformation,revived in the Civil Law of the Republic of China,which is the descendant of Draft Civil Law of the Republic of China.The fifth part,"conclusion",after reviewing the gradual revolution of the pawning institution,toke a forward step to point out that none other than the small-scale peasant economy basement and the field soil culture to be the reasons why the pawning institution was long-standing and well-established.Precisely the realistic function and the allegory meanings gave the pawning institution a one-thousand-year-old vitality.