比较法视野下典当的法律性质研究-国际法学专业论文.docxVIP

摘要 典当业在我国是一个古老的行业，发展至今已有一千五百多年的历史。作为 一种融资渠道，典当被称为现代金融业的鼻祖。随着改革开放以来实行市场经济， 我国经济获得了长足的发展，在此过程中典当的作用日益凸显，由于其自身具备 灵活、便利等诸多优势，逐渐成为市场主体青睐的融资方式。但是我国的理论界 对典当的法律性质的研究不够深入，当前的立法也未对典当的法律属性作出明确 的界定，因此关于典当的法律性质学术界存在较大的争议。现行的《典当管理办 法》由于效力层级低、内容模糊等问题造成了司法实践中法律适用的混乱。为了 厘清典当的法律性质，本文从民法的角度和比较法的视野，对典当的法律关系的 本质进行深入地剖析，并试图就未来我国典当立法模式提出自己的看法。 关键词： 典当，担保物权，营业质权 Abstract Pawn broking is a traditional business which has more than one thousand and five hundred years in China. As a model of financing, pawn broking is called as the originator of modern finance. Owing to the policy of opening and reforming, our country’s economy is growing faster and faster. During this process the pawn with the advantage of flexibility and convenience has become an important way of financing which is favored by different market entities. However, the theorists haven’t deeply researched into the legal nature of the pawn. Neither the current regulation exist a clear rule about the legal nature of the pawn. As a result the theorists have a big debate on this issue. The current “the Pawn Regulation” has a low legal effect and ambiguous rules leading to the confusion in applying law in the juridical practice. In order to clarify the legal nature of the pawn, this paper is mainly about the deep analysis on the legal nature of the pawn from the view of civil law and comparative law and then offers a proposal about the future legislation of the pawn. Key words: the Pawn, Real Rights for Security, Business Pledge 目录 HYPERLINK \l _bookmark0 第 1 章 引言 ···································································· 1 HYPERLINK \l _bookmark1 第 2 章 典当制度的概述 ····················································· 2 HYPERLINK \l _bookmark2 2.1 典当的概念 ··········································································· 2 HYPERLINK \l _bookmark3 2.2 典当的功能 ··········································································· 3 HYPERLINK \l _bookmark4 2.2.1 融通资金的功能 ·············································