浅谈我国典当立法存在的问题及其完善

Discussing about the Legal Matter of the Pawn Shallowly

中国典当业自新世纪以来的实践中,在法规上面临着许多问题,集中体现在法律、法规之间的冲突,法律、法规的规定与现实操作之间的冲突等方面。自2005年商务部颁布了新的典当管理办法后,部门立法的局限性更加突出。因此,催生一部具有更高效力的典当法显得十分必要和迫切。文章分析了典当业在立法上存在的问题,并提出了完善典当法制的相关原则。

The country pawn industry at least had 1500 history,from the 1980s revives after the China country,its profession localization and competent department gate and administrative regulations continuously place during transformation.The pawn takes the special financial industry,to country people economy development certain promoter action,in financing aspect,gets up is appropriating lost articles to fill a vacancy the function.Other the pawn shop and bank and financial hunger constructions supplemented mutually that as one profession,naturally has its legal characteristic and livelihood legal environment,but pawn industry was still facing in many legal questions in our country,strongly manifests the conflict which in the law and laws asked that the legal and between the laws conflict stipulation and reality operations and other aspects.After 2005 the department of commercial affairs has promulgated the new pawn policing method,the department gate legislation＇s limitation leaves even more suddenly,this article minute has analyzed the current pawn industry administrative regulations main flaw,pointed out that expedites one to have higher potency pawn law appears is very essential and urgent,and proposed the formulation pawn law should grasp originally.