我国传统典权制度的存废之辨

Definition and Differentiation about Subsistence or Abolition of the Traditional Pawning Right

典权制度是我国特有的一项古老制度,与其它类似制度相比,其融资安全性更高,能够对社会资源进行更有效的利用,满足融资者保留不动产所有权的愿望,并在保护弱者、平衡各方利益上具有得天独厚的优势。在充分认识典权制度内涵及价值的基础上,可以发现典权是一种具有独特作用的特殊他物权,应在立法中作出使其独立于用益物权和担保物权的规定,并在我国民事立法中科学地确立典权制度。

Pawning right is a special age - old system in China. Contrasting with other similar system, it has high security in financing, and can realize the more efficient exploitation of social resources. Additionally, it can satisfy people＇s needs of reserving the ownership of real property, and has the advantaged predominance in securing the weak as well as balancing the benefits of the various facts. Basing on the sufficient recognition of the Pawning right＇ s connotation and worthiness, it can be found that pawning right is a special over the property of another with particular effect. Therefore, it should be regulated in legislation that making the pawning right independent of usufruct right and guarantee right. At the same time, the pawning right system should be set up scientifically in civil legislation in China.