典当法律问题分析-经济法专业论文.docx

II II Abstract Pawn is the non-bank financial sector in ancient Chinese, and the prototype and the origin of modern banking. The objective existence of the pawn is closely linked with the social and economic development, so it is not human factors, or some kind of social and political forces that can be easily ruled out. The old Chinese pawnshop is very popular, but often seen as a position of vulnerability, the tools of materialistic exploitation to the people. After the founding of new China, pawnshops have been banned as a residue of the old society. With the reform and the diversification of financing needs, pawn with a new look come back again. Compared to the old and new pawn, the new pawn has a significant change in business scope, mode of operation, and the service object. The pawn business scope extends from the physical property to the property rights, and develops from the movable property to the real estate. Because of these changes, that poses serious challenges to the traditional theory of civil law and judicial practice. Pawn as a socio-economic phenomenon of the reality of economic life, has special social functions and distinct legal personality. Therefore, awareness and research a pawn problem is extremely necessary. This thesis is divided into two main parts, the first part is pawn basic theory part. Firstly, clearance of the basic meaning of the pawn; Secondly, depth analysis of the nature and the characteristics of the pawn; Finally, described the changes of pawn departments and pawn regulatory. The first part is the pawn practice section. In this part, the pawn process is divided into four sections once again, it’s contained: Deposed pawn, Received pawn, Ransomed pawn and continued pawn, Despaired pawn. In the Deposed pawn part, We discussed the following issues: what is appropriate material, when deposed the property of others, the validity of the pawn contract, When didn’t apply mortgage, pledge registration, the validity of the pawn contract