Research On The Perfection Of Legal System Of Pawnbroking In China

In this paper,based on the property law system of ancient Chinese legal culture and the current civil law theory,the basic meaning of pawn,legal nature,characteristics,and analyses the legal relations of the elements in hock,and pawn in China and studies deeply the present situation of the legal system and the insufficiency finally puts forward the ideas of perfecting.This paper selects the Angle of civil and commercial law to study the legal issues of pawnbroking,which is more targeted and of practical significance,and strives to be helpful to the legislation and regulation of China's pawnbroking industry and the development of the pawnbroking industry.This paper is divided into four chapters:Chapter one focuses on the basic concept,nature and characteristics of pawn system.This paper analyzes the legal nature of pawn behavior from two aspects of social function and historical development,and analyzes the characteristics of pawn from the perspective of law and financing.The social function of pawn is emphasized,the most important is its financing function.Finally,this paper analyzes the pawnbroking from three basic aspects of the content of the legal relationship,and analyzes the emergence and termination of the legal relationship of pawnbroking.The second chapter focuses on the current status of the legal system of pawnbroking in China,and analyzes in detail the current legislative status,disputes over the right of pawnbroking into the code,and the deficiencies of the current measures for the management of pawnbroking.Based on the current situation,this paper reveals the problems existing in the legislation and application of pawn system in China.The third chapter introduces and summarizes the legal system of pawnbroking in foreign countries and Hong Kong and Taiwan areas of China respectively.The fourth chapter mainly focuses on the legitimacy and rationality of the perfection of the pawnbroking system,and the design and conception of perfection and development of the legal system of pawnbroking.It also analyzes the significance of borrowing advanced experiences from foreign countries and Hong Kong and Taiwan pawnbroking systems.Finally,from the aspect of the system design of the right of pawn into the book,strengthening the supervision of the pawnbroking industry in China from the aspects of legislation,system design,concept transformation,specific improvement measures are proposed.