According to the Ministry of Commerce and the Ministry of Public Security, the "Poly Polishment Administrative Measures" implemented from April 1, 2005 stipulates that the so -called pawn refers to the real estate and property rights as a proprietary or mortgage to the pawn bank to pay a certain percentage of a certain percentage. Expenses, obtain gold, and pay the act of paying money, repayment of gold, and redemption within the agreed period. Popularly speaking, Pool is a way to pledge with property and pay a paid loan financing. This is a financing method that exchange money by things. As long as the customer repay the book and pay a certain comprehensive service fee (including the storage fee, insurance premiums, interest, etc.) in the appraisal time, it can be redeemed. The historical evolution The pawn industry is one of the oldest industries in human beings. It is the originator of the modern financial industry and the predecessor of mortgage banks. China is one of the earliest countries in the world to have a pawn activity and form a pawn industry. After research, China's pawn karma was initially sprouting in the two Han Dynasty, and began in the Southern Buddhist Temple of the Southern Dynasties. In the 1950s, and revival in contemporary reform and opening up, it has experienced historical ups and downs of more than 1,600 years. The pawn industry resumed operation after the Third Plenary Session of the Eleventh Central Committee of 1978. In 1995, the Ministry of Public Security issued the "Administrative Measures for the Public Security and Security" (Order No. 26 of the Ministry of Public Security), and in April 1996, the People's Bank of China promulgated the "Temporary Dangdang Bank Management Interim Try. Measures, clarify the non -bank financial institutions, and supervise the pawn industry with the Ministry of Public Security. After 2000, in order to meet the requirements of the reform of the financial system, with the consent of the State Council, the People's Bank of China transferred the pawn as a special industrial and commercial enterprise to the former State Economic and Trade Commission for unified management. In August 2001, the former National Economic and Trade Commission formulated and promulgated the "Administrative Measures for the Pools" (National Economic and Trade Commission No. 22). After the institutional reform in 2003, the supervision of pawn industry was under the responsibility of the Ministry of Commerce. The scope of activities of the Qing Dynasty's pawn industry was extended into the countryside by cities, becoming an important lending organization all over the country. In Kangxi, according to taxation data estimates, there were at least more than 20,000 yuan in the country. During the Qianlong, there were sizes and small pawnshop opened in Beijing and outside the city. After the Opium War, due to the increasingly poor livelihood of the people of urban and rural areas, the division of pawn karma has different levels of classics, should, quality, presses, and pursuing. The biggest is the pavement, with a lot of capital, a long period of redemption, a lighter interest, and acceptance of real estate and property mortgage. There is no restriction on the amount of the deposit; Anhui is called quality, and Guangdong and Fujian are called). Due to the increasing taxes and post donations levied by the Qing government, and the variety of various stalls that are different from the size of the business industry are increasing. In order to reduce the burden and get rid of the restrictions on the business rules of the pawns, the new settlement of the new classics is mostly called quality quality The pavilion or betting stores have also been renamed the naming store, and the limits of all kinds of boundaries have been difficult to distinguish. In addition, there is also a so -called "generation", also known as "generation", or "pick -up", is mostly located in the townships, such as the ethics branches, called "this generation"; The agency business of pledges is called "guest generation". Dangdang The borrower went to the pawnshop to borrow, mainly to cope with the urgent needs of family life, and some small producers were used for small -scale operations, or farmers used for production. When borrowing, you should first send the physical acceptance for the pledge, and pay the "ticket" by the pawnshop, which contains the item and borrowing of the borrowing, and is used as a voucher for redeeming the pledged product. In order to make outsiders unable to identify, write a lot of special fonts. Although it is a new clothes, it must be written as an old clothes or "tattered"; it is written as a copper lead in gold and silver; The borrowing period, the amount of borrowing, and the interest of the interest varies according to the nature of the pledge and the size of the pawnshop. The deadline is generally not waited for six months to two years. Most of the borrowing amount is 50 % of the pledge value, and the expiration of redeemed is unable to withdraw, and it becomes "dead". The official regulations of the Qing Dynasty stipulated that the pawn interest must not exceed three points per month, which was actually greatly exceeded, and the interest must be calculated on a monthly basis. After a few days, it will also increase for a month. When the paid is receiving and paying, it is also divergent by the so -called "gently entering" or "discount out of full money". The cash of the loan is only paid by the 94th, nineteenth and even 10 % off. When the household redemption is redeemed, the interest is full, and the interest is calculated as full as the basis; in addition, there are various additional expenses. Moreover, the smaller the value of the collateral, the shorter redemption period, and the highest interest, so the exploitation of the poor labor people is also the heaviest. The pawnshop in the towns also use grain valley as the basis or collusion with the large hoarding households to carry out speculative operations such as loan and buying and selling grain. Farmers must bear the loss of physical loss and the dealers in and out. The brutal exploitation of pawn karma has stirred up the resistance of the people. Although the government has protected and supported the pawnshop, incidents such as robbery and plunder of pawnshop have occurred from time to time. In the early days, most of them were wholly -owned operations. Capital ranged from thousands of to tens of thousands of. It was almost the majors of Shanxi, Shaanxi merchants (commonly known as Shanxiang Gang) and Huishang businessmen. The feudal government and noble bureaucrats also regard it as a favorable place for operating capital. The Internal Affairs Government has opened a dozen officials in Beijing in Beijing, and local authorities have also set up classics by officials. The state treasury and local treasury officials often allocate a part of the sender to the business as a business, saying that the interest rate is about 7 to 8 % to one point. It is not uncommon for large bureaucrats and big merchants to invest in pawn. Xu Qianxue, the Ministry of Criminal Ministry of Kangxi, gave 100,000 silver to Bu Fan Chen Tianshi to operate the pawn; Tongdangye concentrated on the activities of the trinity of bureaucratic, landlords, and businessmen. Official deposits were once a powerful pillar of this usury activity. Generally, pawnshop can also send silver tickets and money tickets by themselves as credit tools, so their loan amount (commonly known as "shelf") far exceeds its own capital. Later, the official silver money number was opened, the ticket number and the money of money were developed, and the official deposit was reduced, relying on the support of the ticket number and the money bank to change the loan. In the fourteenth year of Guangxu (1888), there were more than 7,000 provinces outside Beijing, which was much reduced from the previous period. In 1912, the number of registered numbers in the country was reduced to more than 4,000. The betting store continues to increase, and its business focus has gradually shifted from cities to towns and towns. The management of the modern state of the bank The registered management bank management is very strict. The approval of the Ministry of Commerce must be approved by the Ministry of Commerce and issued the "Policy Business License" by the Ministry of Commerce. After the applicant receives the "Pool Business License", it shall apply to the public security organs of the county -level people's government at the public security organs of the county -level people's government within 10 days. After receiving the "Special Industry License", the applicant shall apply to the industrial and commercial administrative authority to apply for registration within 10 days. After receiving the business license, it shall be opened before it can be opened. The minimum limit for the registered capital of the pawn bank is 3 million yuan; if the real estate mortgage pavilion business is engaged in the real estate mortgage, the minimum amount of registered capital is 5 million yuan; if the property rights are pledged, the minimum registered capital is 10 million yuan. The minimum limit of the registered capital of the pawn bank shall be the money capital paid by shareholders, excluding capitals that are invested by the price, industrial property rights, non -patented technology, and land use rights. The downturn shall be established and improved the following safety system: (1) The system of receiving, renewal, and redemption of inspection (photo) system; , Storage System; (3) Wanted Coordinated Correcting System; (4) Suspicious reporting system; (5) Equipping the security personnel system. Themuxingxing housing building and operating facilities shall comply with national safety standards and fire management regulations, and have the following safety prevention facilities: (1) Set up video equipment within the operating site (video materials are stored for at least 2 months) ; (2) Protective facilities at the business counters; (3) Set the pawn item storage library and safe (cabinet, library) that meets the safety requirements; R n (5) The protection facilities of doors and windows; (6) Equipped with necessary fire protection facilities and equipment. The dwellers with the following conditions can set up branches across provinces (autonomous regions, municipalities): (1) The business pawn business for more than three years, and the registered capital is not less than RMB 15 million; (2) Continuous profit in the past two years; (3) No illegal operating records in the past two years. The dwellers shall allocate operating funds of not less than 5 million yuan for each branch. The total amount of operation funds of each branch of the pawn bank shall not exceed 50%of the registered capital of the pawn bank. The borrowing loan compared with bank loans: ) The business method is more flexible and diverse, in principle valuable items or property rights can be paid It is generally less than a few minutes, as many as three or five days; 3) The use of loans is different. The pawn borrowings are mostly used for emergency, and bank loans are mostly used for production or consumption; 4) The general period is short, the shortest 5, the shortest 5 5 God, the longest 6 months; 5) In addition to collecting gold interest, the pawn is also charged a comprehensive fee at a certain percentage of gold. What can be paid? In principle, as long as the source of valuable items or property rights that can be dredged in accordance with the law can be paid, but the specific business carried out in different bonds is different. Generally speaking Stocks, vehicles, gold and silver jewelry, jewelry and diamonds, electronic products, clocks, cameras, batch materials, etc. can be paid. Different from the old pawnshop, which is usually imagined, modern pawns do not accept old clothes. Generally, living creatures are not appropriate. What is the comprehensive fee and gold interest? The pawn is a kind of financing behavior that needs to be used for paid use. Tongdangxing generally collects comprehensive fees and interest on the same as gold. In accordance with the relevant provisions of the "Administrative Measures for Poolings", the comprehensive rate of the pledge of the pledged month must not exceed 4 or 5 % of the Dangjin, and the comprehensive rate of the real estate mortgage code did not exceed 3 or 0 % of the Dangjin. When gold interest is generally implemented by 30 % of bank loan interest rates in the same period. The specific fees and interest standards will be different according to different pawns and different businesses. Customers shall prevail on the announcement of the pawn bank. How to do the formalities? The basic process is to simply summarize the three sections of Jiaodang, receipt, and deposit. The specific operating procedures are as follows: . The household has valid documents to deliver it. 2, the appraisal of the pawn of the pawn line. 3, the two parties agreed to evaluate the price, the amount of money and the pawn period, and confirm the legal interest fee standard. 4. The two parties are cleaned together to keep the objects and be kept by pawn. 5. The pawn bank issued a gold to the furniture. It attention is that different pawn business needs to provide certificates and procedures for different procedures: 1, Civil Products: Original ID card, there is an invoice, it is best to increase the equivalent properly. 2, real estate: household ID card, household registration book, house ownership certificate, land use certificate, etc., you need to check the property on the spot. 3. Stocks: My ID card, Shenzhen -Shanghai shareholder account card, generally need to be signed to monitor. 4, vehicle: my ID card, car -related certificate. 5, material: my ID card, related property certificate. Note: civilian products, gold and silver jewelry, jewelry and diamonds, electronic products, watches, cameras, etc. What are the provisions of the pawn period? If according to the relevant provisions of the management measures of pawn, the shortest time is 5 days, less than 5 days calculated at 5 days, and the maximum period is 6 months. After the pawn expires, within 5 days, customers can choose to be redemption, or they can choose to be renewed according to their needs. What is exactly? How to deal with it when it is exactly? The duration expires or renewed after the expiration of the period, the household should redeem or renew within 5 days, and it is expected to be expected to be regarded or renewed. After that, if the valuation amount is less than 30,000 yuan, the pawn bank can be sold or discounted by itself, and the profit or loss should be negative; when the valuation amount of the property is more than 30,000 yuan, it can be handled in accordance with the relevant provisions of the "Guarantee Law of the People's Republic of China". It can also be publicly auctioned by the auction house by the two parties to be agreed by the two parties. After the auction income deducts the auction fee and the principal and interest of the gold, the remaining part should be refunded as the household, and the insufficient part will be pursued to the household. Che industry profile analysis The pawn refers to the owner of real estate and property as a proprietary pledge or a real estate as a real estate to the pawn. During the agreed period, pay for the interest, repay the gold, and redeem objects. With the development of the market economy and financial industry, the increasingly prominent financing of SMEs, the ancient pawn industry has emerged again with a new look, and has a good development trend. In December 1987, more than 30 years after the disappearance of the mainland of China, the first pawnworth of New China, the Chengdu Huamao Pavilion Services Bank, was first established. Since then, the tide of the establishment of Dangdangxing has swept across the country. Because it was very easy to apply for a pawn in a pawn: as long as any government department approves and agrees, you can go to the Industry and Commerce Bureau to complete the registration of the enterprise. Therefore, after a few years, the number of rows in the country has increased to more than 3,000. The pyramid society with the most low -income groups, second -income people and fewer high -income people. At present, the main customer group of the pawn is small and medium -sized business owners. The new three items such as machinery and equipment are mainly primary, and the three primary three pieces such as gold jewelry and hand accessories are seconds. In 2006, the general operation of the national pawn industry was good. The total number of pawns and banks increased, and the scale expanded. As of the end of 2006, there were 2,494 bibliography in the country, with a cumulative registered capital of 24.6 billion yuan. The total amount of 2052 households opened in 2006 was 96 billion yuan, an increase of 40%over the previous year. At the end of 2006, there were 134 branches across the country, and a number of brands with special services, professional division of labor, chain operation, and management innovation were initially formed. The development of pawn industry is closely related to the development of regional economic development and a private economy activity. Zhejiang, Jiangsu, Shandong and other economic provinces such as pavilion and the total amount of pavilion are greatly better than in Mainland provinces with the same capital scale. In the first half of 2007, the Chinese pawn industry continued to maintain smooth and rapid development. The total assets of 2,342 pawn -bonded banks that have been opened were 86.2 billion yuan, an increase of 12.7%year -on -year; the total number of paids in the first half of the year was 44.1 billion yuan, an increase of 31%year -on -year; Yuan, a year -on -year increase of 14%; tax paid 390 million yuan, an increase of 1.6 times year -on -year; 21,000 employees in the industry, an increase of 40%year -on -year. From a regional point of view, the 1239 pawnshills in the eastern region achieved a total of 35.49 billion yuan, accounting for 81%of the national pawn, of which the proportion of the dynamic pledged pawns was higher than two percentage points in the country. From the perspective of business composition, the amount of real estate pledges was 10.83 billion yuan, accounting for 24.7%of the total number of pairs; the amount of real estate mortgage pawns was 23.6 billion, accounting for 53.6%of the total amount of pavilion; From the perspective of operating objects, SMEs and private economies have become the main service objects of pawn industry. The country provides 38,000 gold for SMEs, an increase of 18%year -on -year, and a pawn amount of 22.2 billion yuan. It provides 990,000 yuan in residents, an increase of 8%year -on -year, involving a pairing amount of 19.9 billion yuan. In general, the development space of the pawn market is still very optimistic. In recent years, the scale of the pawn markets of countries and regions around the world has expanded, and the amount of business entities, pawn transactions and pawns have been increasing. At the same time, as a new type of financing method, it is a special way of financing. It has a very flexible way, almost zero with credit requirements for small and medium -sized enterprises. Essence The pawn acceptance scope If according to Article 25 of the Administrative Measures of Poly Pool: After approval, pawn can operate the following business: (1) (2) Property Rights Pure Classification Code; (3) Real estate (except for real estate in foreign provinces, autonomous regions, municipalities, or not obtaining pre -sale permits for commercial housing) mortgage business; (4) The change of the value within the limit; (5) identification and evaluation and consulting services; (6) Other pawn businesses approved by the Ministry of Commerce in accordance with the law. It 26 Databases shall not operate the following businesses: (1) Sales of non -proper items and the acquisition and consignment of old items; (3) Funding, absorbing deposits, or absorbing deposits in disguise; (4) issue credit loans; (5) other businesses approved by the Ministry of Commerce. It 27 Database shall not receive the following property: (1) property that is seized, seized or has been taken in accordance with the law or has been taken to other preservation measures; (2) stolen goods and sources are unknown. Items; (3) Flammable, explosive, toxic, radioactive items and containers; (4) Control knife, guns, ammunition, military, police signs, equipment and equipment; (5) State organs' official documents, seals and their management property; (6) Certificate and valid identity documents except the property certificate issued by state organs; There is no property or failure to obtain the right to dispose in accordance with the law; (8) Laws, regulations, and relevant state regulations prohibit the circulation of natural resources or other property. Hirgility (1) Disputes on the legislative management of the pawn. China ’s pawn industry is said to start in the Southern Dynasties. From the date of establishment of the Huimao Code of the Sichuan Chengdu, which came back to the Chinese pawn industry, whether the pawn industry should be uniformly legislative will have been accompanied by controversy. After the founding of the People's Republic of China, the pawn industry was banned. It was unnecessary through a special legislative and standardized pawn industry. It was adjusted to use policies and judicial interpretations on some pawn behaviors of the people. For example, in 1987, the Supreme People's Court "Opinions on Implementation of Civil Policies and Laws" and 1988 on the implementation of several issues on the implementation of the "General Principles of the People's Republic of China" (Article 120) all affirmed the classics system Essence After the pawn industry has reconciled, how to regulate the pawn industry through legislative standards has always had different opinions in the government management and the legal community. In terms of government, at the beginning of the Database Bank, as a financial institution, the People's Bank of China implemented a rigorous management policy. In June 2000, the Dianzheng Industry Supervision was taken over by the State Economic and Trade Commission and announced that "the qualification to cancel the Dianfang Bank's financial institutions", as a special industrial and commercial enterprise, relaxed the market access conditions for the pawn banks, and allowed the pawn bank to engage in real estate and property rights business. In July 2003, the State Economic and Trade Commission was revoked, and the Ministry of Commerce was responsible for the supervision of the industry. The frequent replacement of the industry authorities, from "financial institutions" to "special industrial and commercial enterprises" to "more special industrial and commercial enterprises", the role positioning changes are not only the needs of institutional reform, but in fact, it also mainly reflects government management. It has not yet reached a stable consensus on the nature of the pawn industry. In terms of the legal community, there have always been two claims about the legislative form of pawn karma. One is to add a "business quality" section in the "Property Law". The second is to formulate a pawn business law. In the "People's Republic of China Code" (draft) in the "People's Republic of China" (draft) draft by the Office of the Legal Working Committee of the Standing Committee of the Standing Committee of the National People's Congress on December 17, 2002, there is no provisions of the property rights. The "Administrative Measures" (hereinafter referred to as the "Measures"). In order to overcome the defects of insufficient effectiveness of management norms, the "Property Right Law" (draft) led by Professor Liang comes and Professor Wang Liming has specially set business pledge. There is no possibility of promulgation. And whether the relevant provisions of the "business pledge" can cover the "pawn" behavior in practice also have different views in the legal community. During the four reviews of the "Procedure Law (Draft)", the provisions of the "Ceremony" are written twice in the provisions It was removed twice, which shows that the legislative disputes on the legislative and the law circles are indeed very large. It is the many uncertainty of the government and the law of the law and the law of pawn karma, which has led to the adjustment of the pawn industry that has not been included in the height of the law. When the pawn business is controversial with the upstream bank guarantee business and the downstream selling business due to mixing, the existing existing is due to the existing existing existing The "Measures" lack of efficiency, and many normal behaviors have also fallen into the land under the jurisdiction of law, and some new businesses such as the punishment of stocks are even more impossible. (2) The level and effectiveness of the "Measures" are low in China, although the recovery and development speed is very fast, but due to the low level of management standards and the low effect, it cannot meet the practical needs. In terms of its legal level and effectiveness, the Measures belong to administrative regulations, and the level and effectiveness are lower than laws and regulations. This has at least two consequences that are not conducive to the development of pawn karma in legislative management. First, it cannot prevent other departments and local legislators of the State Council from developing relevant regulations, causing confusion in the management of the department. Second, when the relevant regulations formulated by other departments of the State Council and local legislature are inconsistent with the Measures, whether the level of the establishment of an authority is formulated in accordance with the standards of the regulations or the time of promulgation of the norms. No compliance when operating. The reality is exactly the case. Because there is no national unified authoritative legislation, although the Measures fully stipulate the nature of the pawns, the competent authority, the establishment and change and the termination of procedures, the business scope, the business method, and the punishment rules, etc., but in the specific implementation, the implementation of the implementation is implemented. At that time, when entering the court lawsuit, the basis for its own needs. Because the industry regulations of the relevant management departments are different and the principles of provincial and municipal local legislation are different, the increasing disputes in the business operation and development of the pawn industry can only be used by the effectiveness of some pawn behaviors. Affirmation, for example, in 1993, the "Supreme People's Court on Dai Wenlin and Dai Wensu's Response of High School House Dispute Disputes" and the "Selling" and 1996 "People's Bank of China about the pawnshole engaged in a house to the house to vide in loans. The reply of business -related issues "reply to the" cannot be prohibited from the loan business "and so on. The management method of this kind of headache and foot pain reduces the management efficiency of enterprises and seriously affects the sustainable operation of the enterprise. (3) Part of the important norms or too abstract in the "Measures", lack of an operable "Measures" part of the important specifications of the "Measures" are too abstract and lack of operability. For example, although the "Measures" allows pawn enterprises to establish branches, the legal status of branches does not clearly specify in the "Measures". Article 53 of the Measures in the general regulations, the public security organs shall be detained in accordance with the law and the public security organs shall be detained in accordance with the relevant regulations of the state at this time. Unable to operate. There is no detailed regulations for the damage of the Dangdang and the pawn bank. In practice, it can only be dealt with in accordance with the relevant provisions of the Civil Law General Principles, so that the "Measures" as a special law can greatly reduce. According to the "Measures", when real estate, automobiles, etc. are exactly, the households should come to complete the registration procedures, but in the practice of pawn practice, it is often impossible to fulfill their obligations. The connection of the law, at this time, the company's unilateral transfer procedures are usually completed, and they are usually refused by relevant departments according to law. There are still many specifications that are too abstract and inappropriate to operate in the "Measures". Instead of formulating the implementation rules of high efficiency departments through limited authorities, it is better to formulate an authoritative business code to solve these problems. In addition, through the formulation of the pawn law, it can also provide a more secure right to relieve the remedy channels for the pawn. If the normal pawn activity encounters the relevant departments' rejection, obstruction and negative inaction in accordance with the law, the pawn enterprise can protect it through judicial channels to protect it. Your own interests. (4) The legal norms of conflicts related to the major legal norms related to the pawn industry mainly include the provisions of the "Guarantee Law of the People's Republic of China" (hereinafter referred to as the "Guarantee Law"). The "Measures" jointly promulgated by the Ministry of Public Security, the "Company Law of the People's Republic of China" (hereinafter referred to as the "Company Law") regulations on the establishment and operation of the company. Industry regulations and so on. Due to the "many politics", these norms or unconnecteds are not good or conflict, affecting the healthy operation of the pawn industry. Among them, the most theoretical and practical circles are the conflict between the "Measures" and the "Guarantee Law". According to the provisions of the China Guarantee Law, the pledge is a type 》, Tingfeng is not only a type of business, the quality of the quality can also obtain financing, and the pledgee has obtained power, which indicates that the rights obtained by the pawn enterprise depending on the behavior of the business are different from the business pledge. The "Measures" acknowledged that the liquidity agreed was valid. In this case, whether the company should apply the "Guarantee Law" or the "Measures". From the perspective of the level of legal effect, the former's effectiveness is undoubtedly higher than the latter, but from the perspective of the relationship between the general law and the special law, the latter should be preferred to the former, and the pawn industry is therefore into a unsuccessful situation. Edit this paragraph urgency From the business innovation of pawn business, some businesses have been free from the scope of regulation of the "Measures" and other legal specifications. Therefore Urgent.
The historical evolution of the pawn The pawn industry is one of the oldest industries in human beings. It is the originator of the modern financial industry and the predecessor of mortgage banks. China is one of the earliest countries in the world to have a pawn activity and form a pawn industry. After research, China's pawn karma was initially sprouting in the two Han Dynasty, and began in the Southern Buddhist Temple of the Southern Dynasties. Century Thei The 1950s, and revived in contemporary reform and opening up, and experienced more than 1,600 years of historical ups and downs. The pawn industry resumed operation after the Third Plenary Session of the Eleventh Central Committee of 1978. In 1995, the Ministry of Public Security issued the "Administrative Measures for the Public Security and Security" (Order No. 26 of the Ministry of Public Security), and in April 1996, the People's Bank of China promulgated the "Temporary Dangdang Bank Management Interim Try. Measures, clarify the non -bank financial institutions, and supervise the pawn industry with the Ministry of Public Security. After 2000, in order to meet the requirements of the reform of the financial system, with the consent of the State Council, the People's Bank of China transferred the pawn as a special industrial and commercial enterprise to the former State Economic and Trade Commission for unified management. In August 2001, the former National Economic and Trade Commission formulated and promulgated the "Administrative Measures for the Pools" (National Economic and Trade Commission No. 22). After the institutional reform in 2003, the supervision of pawn industry was under the responsibility of the Ministry of Commerce. The scope of activities of the Qing Dynasty's pawn industry was extended into the countryside by cities, becoming an important lending organization all over the country. In Kangxi, according to taxation data estimates, there were at least more than 20,000 yuan in the country. During the Qianlong, there were sizes and small pawnshop opened in Beijing and outside the city. After the Opium War, due to the increasingly poor livelihood of the people of urban and rural areas, the division of pawn karma has different levels of classics, should, quality, presses, and pursuing. The biggest is the pavement, with a lot of capital, a long period of redemption, a lighter interest, and acceptance of real estate and property mortgage. There is no restriction on the amount of the deposit; Anhui is called quality, and Guangdong and Fujian are called). Due to the increasing taxes and post donations levied by the Qing government, and the variety of various stalls that are different from the size of the business industry are increasing. In order to reduce the burden and get rid of the restrictions on the business rules of the pawns, the new settlement of the new classics is mostly called quality quality The pavilion or betting stores have also been renamed the naming store, and the limits of all kinds of boundaries have been difficult to distinguish. In addition, there is also a so -called "generation", also known as "generation", or "pick -up", is mostly located in the townships, such as the ethics branches, called "this generation"; The agency business of pledges is called "guest generation". The dwellers The borrower went to pawnshop to borrow loans, mainly to cope with the urgent needs of family life, and some small producers were used by small -scale operations, or farmers used for production. When borrowing, you should first send the physical acceptance for the pledge, and pay the "ticket" by the pawnshop, which contains the item and borrowing of the borrowing, and is used as a voucher for redeeming the pledged product. In order to make outsiders unable to identify, write a lot of special fonts. Although it is a new clothes, it must be written as an old clothes or "tattered"; it is written as a copper lead in gold and silver; The borrowing period, the amount of borrowing, and the interest of the interest varies according to the nature of the pledge and the size of the pawnshop. The deadline is generally not waited for six months to two years. Most of the borrowing amount is 50 % of the pledge value, and the expiration of redeemed is unable to withdraw, and it becomes "dead". The official regulations of the Qing Dynasty stipulated that the pawn interest must not exceed three points per month, which was actually greatly exceeded, and the interest must be calculated on a monthly basis. After a few days, it will also increase for a month. When the paid is receiving and paying, it is also divergent by the so -called "gently entering" or "discount out of full money". The cash of the loan is only paid by the 94th, nineteenth and even 10 % off. When the household redemption is redeemed, the interest is full, and the interest is calculated as full as the basis; in addition, there are various additional expenses. Moreover, the smaller the value of the collateral, the shorter redemption period, and the highest interest, so the exploitation of the poor labor people is also the heaviest. The pawnshop in the towns also use grain valley as the basis or collusion with the large hoarding households to carry out speculative operations such as loan and buying and selling grain. Farmers must bear the loss of physical loss and the dealers in and out. The brutal exploitation of pawn karma has stirred up the resistance of the people. Although the government has protected and supported the pawnshop, incidents such as robbery and plunder of pawnshop have occurred from time to time. In the early days, most of them were wholly -owned operations. Capital ranged from thousands of to tens of thousands of. It was almost the majors of Shanxi,
Shanxi merchants (commonly known as Shanxiang) and Huishang businessmen. The feudal government and noble bureaucrats also regard it as a favorable place for operating capital. The Internal Affairs Government has opened a dozen officials in Beijing in Beijing, and local authorities have also set up classics by officials. The state treasury and local treasury officials often allocate a part of the sender to the business as a business, saying that the interest rate is about 7 to 8 % to one point. It is not uncommon for large bureaucrats and big merchants to invest in pawn. Xu Qianxue, the Ministry of Criminal Ministry of Kangxi, gave 100,000 silver to Bu Fan Chen Tianshi to operate the pawn; Tongdangye concentrated on the activities of the trinity of bureaucratic, landlords, and businessmen. Official deposits were once a powerful pillar of this usury activity. Generally, pawnshop can also send silver tickets and money tickets by themselves as credit tools, so their loan amount (commonly known as "shelf") far exceeds its own capital. Later, the official silver money number was opened, the ticket number and the money of money were developed, and the official deposit was reduced, relying on the support of the ticket number and the money bank to change the loan. In the fourteenth year of Guangxu (1888), there were more than 7,000 provinces outside Beijing, which was much reduced from the previous period. In 1912, the number of registered numbers in the country was reduced to more than 4,000. The betting store continues to increase, and its business focus has gradually shifted from cities to towns and towns.
According to the Ministry of Commerce and the Ministry of Public Security, the "Poly Polishment Administrative Measures" implemented from April 1, 2005 stipulates that the so -called pawn refers to the real estate and property rights as a proprietary or mortgage to the pawn bank to pay a certain percentage of a certain percentage. Expenses, obtain gold, and pay the act of paying money, repayment of gold, and redemption within the agreed period. Popularly speaking, Pool is a way to pledge with property and pay a paid loan financing. This is a financing method that exchange money by things. As long as the customer repay the book and pay a certain comprehensive service fee (including the storage fee, insurance premiums, interest, etc.) in the appraisal time, it can be redeemed.
The historical evolution
The pawn industry is one of the oldest industries in human beings. It is the originator of the modern financial industry and the predecessor of mortgage banks. China is one of the earliest countries in the world to have a pawn activity and form a pawn industry. After research, China's pawn karma was initially sprouting in the two Han Dynasty, and began in the Southern Buddhist Temple of the Southern Dynasties. In the 1950s, and revival in contemporary reform and opening up, it has experienced historical ups and downs of more than 1,600 years. The pawn industry resumed operation after the Third Plenary Session of the Eleventh Central Committee of 1978. In 1995, the Ministry of Public Security issued the "Administrative Measures for the Public Security and Security" (Order No. 26 of the Ministry of Public Security), and in April 1996, the People's Bank of China promulgated the "Temporary Dangdang Bank Management Interim Try. Measures, clarify the non -bank financial institutions, and supervise the pawn industry with the Ministry of Public Security. After 2000, in order to meet the requirements of the reform of the financial system, with the consent of the State Council, the People's Bank of China transferred the pawn as a special industrial and commercial enterprise to the former State Economic and Trade Commission for unified management. In August 2001, the former National Economic and Trade Commission formulated and promulgated the "Administrative Measures for the Pools" (National Economic and Trade Commission No. 22). After the institutional reform in 2003, the supervision of pawn industry was under the responsibility of the Ministry of Commerce. The scope of activities of the Qing Dynasty's pawn industry was extended into the countryside by cities, becoming an important lending organization all over the country. In Kangxi, according to taxation data estimates, there were at least more than 20,000 yuan in the country. During the Qianlong, there were sizes and small pawnshop opened in Beijing and outside the city. After the Opium War, due to the increasingly poor livelihood of the people of urban and rural areas, the division of pawn karma has different levels of classics, should, quality, presses, and pursuing. The biggest is the pavement, with a lot of capital, a long period of redemption, a lighter interest, and acceptance of real estate and property mortgage. There is no restriction on the amount of the deposit; Anhui is called quality, and Guangdong and Fujian are called). Due to the increasing taxes and post donations levied by the Qing government, and the variety of various stalls that are different from the size of the business industry are increasing. In order to reduce the burden and get rid of the restrictions on the business rules of the pawns, the new settlement of the new classics is mostly called quality quality The pavilion or betting stores have also been renamed the naming store, and the limits of all kinds of boundaries have been difficult to distinguish. In addition, there is also a so -called "generation", also known as "generation", or "pick -up", is mostly located in the townships, such as the ethics branches, called "this generation"; The agency business of pledges is called "guest generation". Dangdang
The borrower went to the pawnshop to borrow, mainly to cope with the urgent needs of family life, and some small producers were used for small -scale operations, or farmers used for production. When borrowing, you should first send the physical acceptance for the pledge, and pay the "ticket" by the pawnshop, which contains the item and borrowing of the borrowing, and is used as a voucher for redeeming the pledged product. In order to make outsiders unable to identify, write a lot of special fonts. Although it is a new clothes, it must be written as an old clothes or "tattered"; it is written as a copper lead in gold and silver; The borrowing period, the amount of borrowing, and the interest of the interest varies according to the nature of the pledge and the size of the pawnshop. The deadline is generally not waited for six months to two years. Most of the borrowing amount is 50 % of the pledge value, and the expiration of redeemed is unable to withdraw, and it becomes "dead". The official regulations of the Qing Dynasty stipulated that the pawn interest must not exceed three points per month, which was actually greatly exceeded, and the interest must be calculated on a monthly basis. After a few days, it will also increase for a month. When the paid is receiving and paying, it is also divergent by the so -called "gently entering" or "discount out of full money". The cash of the loan is only paid by the 94th, nineteenth and even 10 % off. When the household redemption is redeemed, the interest is full, and the interest is calculated as full as the basis; in addition, there are various additional expenses. Moreover, the smaller the value of the collateral, the shorter redemption period, and the highest interest, so the exploitation of the poor labor people is also the heaviest. The pawnshop in the towns also use grain valley as the basis or collusion with the large hoarding households to carry out speculative operations such as loan and buying and selling grain. Farmers must bear the loss of physical loss and the dealers in and out. The brutal exploitation of pawn karma has stirred up the resistance of the people. Although the government has protected and supported the pawnshop, incidents such as robbery and plunder of pawnshop have occurred from time to time. In the early days, most of them were wholly -owned operations. Capital ranged from thousands of to tens of thousands of. It was almost the majors of Shanxi,
Shaanxi merchants (commonly known as Shanxiang Gang) and Huishang businessmen. The feudal government and noble bureaucrats also regard it as a favorable place for operating capital. The Internal Affairs Government has opened a dozen officials in Beijing in Beijing, and local authorities have also set up classics by officials. The state treasury and local treasury officials often allocate a part of the sender to the business as a business, saying that the interest rate is about 7 to 8 % to one point. It is not uncommon for large bureaucrats and big merchants to invest in pawn. Xu Qianxue, the Ministry of Criminal Ministry of Kangxi, gave 100,000 silver to Bu Fan Chen Tianshi to operate the pawn; Tongdangye concentrated on the activities of the trinity of bureaucratic, landlords, and businessmen. Official deposits were once a powerful pillar of this usury activity. Generally, pawnshop can also send silver tickets and money tickets by themselves as credit tools, so their loan amount (commonly known as "shelf") far exceeds its own capital. Later, the official silver money number was opened, the ticket number and the money of money were developed, and the official deposit was reduced, relying on the support of the ticket number and the money bank to change the loan. In the fourteenth year of Guangxu (1888), there were more than 7,000 provinces outside Beijing, which was much reduced from the previous period. In 1912, the number of registered numbers in the country was reduced to more than 4,000. The betting store continues to increase, and its business focus has gradually shifted from cities to towns and towns.
The management of the modern state of the bank
The registered management bank management is very strict. The approval of the Ministry of Commerce must be approved by the Ministry of Commerce and issued the "Policy Business License" by the Ministry of Commerce. After the applicant receives the "Pool Business License", it shall apply to the public security organs of the county -level people's government at the public security organs of the county -level people's government within 10 days. After receiving the "Special Industry License", the applicant shall apply to the industrial and commercial administrative authority to apply for registration within 10 days. After receiving the business license, it shall be opened before it can be opened.
The minimum limit for the registered capital of the pawn bank is 3 million yuan; if the real estate mortgage pavilion business is engaged in the real estate mortgage, the minimum amount of registered capital is 5 million yuan; if the property rights are pledged, the minimum registered capital is 10 million yuan. The minimum limit of the registered capital of the pawn bank shall be the money capital paid by shareholders, excluding capitals that are invested by the price, industrial property rights, non -patented technology, and land use rights.
The downturn shall be established and improved the following safety system:
(1) The system of receiving, renewal, and redemption of inspection (photo) system; , Storage System;
(3) Wanted Coordinated Correcting System;
(4) Suspicious reporting system;
(5) Equipping the security personnel system.
Themuxingxing housing building and operating facilities shall comply with national safety standards and fire management regulations, and have the following safety prevention facilities:
(1) Set up video equipment within the operating site (video materials are stored for at least 2 months) ;
(2) Protective facilities at the business counters;
(3) Set the pawn item storage library and safe (cabinet, library) that meets the safety requirements; R n (5) The protection facilities of doors and windows;
(6) Equipped with necessary fire protection facilities and equipment.
The dwellers with the following conditions can set up branches across provinces (autonomous regions, municipalities):
(1) The business pawn business for more than three years, and the registered capital is not less than RMB 15 million;
(2) Continuous profit in the past two years;
(3) No illegal operating records in the past two years.
The dwellers shall allocate operating funds of not less than 5 million yuan for each branch. The total amount of operation funds of each branch of the pawn bank shall not exceed 50%of the registered capital of the pawn bank.
The borrowing loan compared with bank loans:
) The business method is more flexible and diverse, in principle valuable items or property rights can be paid It is generally less than a few minutes, as many as three or five days;
3) The use of loans is different. The pawn borrowings are mostly used for emergency, and bank loans are mostly used for production or consumption;
4) The general period is short, the shortest 5, the shortest 5 5 God, the longest 6 months;
5) In addition to collecting gold interest, the pawn is also charged a comprehensive fee at a certain percentage of gold.
What can be paid?
In principle, as long as the source of valuable items or property rights that can be dredged in accordance with the law can be paid, but the specific business carried out in different bonds is different. Generally speaking Stocks, vehicles, gold and silver jewelry, jewelry and diamonds, electronic products, clocks, cameras, batch materials, etc. can be paid. Different from the old pawnshop, which is usually imagined, modern pawns do not accept old clothes. Generally, living creatures are not appropriate. What is the comprehensive fee and gold interest?
The pawn is a kind of financing behavior that needs to be used for paid use. Tongdangxing generally collects comprehensive fees and interest on the same as gold. In accordance with the relevant provisions of the "Administrative Measures for Poolings", the comprehensive rate of the pledge of the pledged month must not exceed 4 or 5 % of the Dangjin, and the comprehensive rate of the real estate mortgage code did not exceed 3 or 0 % of the Dangjin. When gold interest is generally implemented by 30 % of bank loan interest rates in the same period. The specific fees and interest standards will be different according to different pawns and different businesses. Customers shall prevail on the announcement of the pawn bank. How to do the formalities?
The basic process is to simply summarize the three sections of Jiaodang, receipt, and deposit. The specific operating procedures are as follows:
. The household has valid documents to deliver it.
2, the appraisal of the pawn of the pawn line.
3, the two parties agreed to evaluate the price, the amount of money and the pawn period, and confirm the legal interest fee standard.
4. The two parties are cleaned together to keep the objects and be kept by pawn.
5. The pawn bank issued a gold to the furniture.
It attention is that different pawn business needs to provide certificates and procedures for different procedures:
1, Civil Products: Original ID card, there is an invoice, it is best to increase the equivalent properly.
2, real estate: household ID card, household registration book, house ownership certificate, land use certificate, etc., you need to check the property on the spot.
3. Stocks: My ID card, Shenzhen -Shanghai shareholder account card, generally need to be signed to monitor.
4, vehicle: my ID card, car -related certificate.
5, material: my ID card, related property certificate.
Note: civilian products, gold and silver jewelry, jewelry and diamonds, electronic products, watches, cameras, etc.
What are the provisions of the pawn period?
If according to the relevant provisions of the management measures of pawn, the shortest time is 5 days, less than 5 days calculated at 5 days, and the maximum period is 6 months. After the pawn expires, within 5 days, customers can choose to be redemption, or they can choose to be renewed according to their needs.
What is exactly? How to deal with it when it is exactly?
The duration expires or renewed after the expiration of the period, the household should redeem or renew within 5 days, and it is expected to be expected to be regarded or renewed. After that, if the valuation amount is less than 30,000 yuan, the pawn bank can be sold or discounted by itself, and the profit or loss should be negative; when the valuation amount of the property is more than 30,000 yuan, it can be handled in accordance with the relevant provisions of the "Guarantee Law of the People's Republic of China". It can also be publicly auctioned by the auction house by the two parties to be agreed by the two parties. After the auction income deducts the auction fee and the principal and interest of the gold, the remaining part should be refunded as the household, and the insufficient part will be pursued to the household.
Che industry profile analysis
The pawn refers to the owner of real estate and property as a proprietary pledge or a real estate as a real estate to the pawn. During the agreed period, pay for the interest, repay the gold, and redeem objects. With the development of the market economy and financial industry, the increasingly prominent financing of SMEs, the ancient pawn industry has emerged again with a new look, and has a good development trend. In December 1987, more than 30 years after the disappearance of the mainland of China, the first pawnworth of New China, the Chengdu Huamao Pavilion Services Bank, was first established. Since then, the tide of the establishment of Dangdangxing has swept across the country. Because it was very easy to apply for a pawn in a pawn: as long as any government department approves and agrees, you can go to the Industry and Commerce Bureau to complete the registration of the enterprise. Therefore, after a few years, the number of rows in the country has increased to more than 3,000.
The pyramid society with the most low -income groups, second -income people and fewer high -income people. At present, the main customer group of the pawn is small and medium -sized business owners. The new three items such as machinery and equipment are mainly primary, and the three primary three pieces such as gold jewelry and hand accessories are seconds. In 2006, the general operation of the national pawn industry was good. The total number of pawns and banks increased, and the scale expanded. As of the end of 2006, there were 2,494 bibliography in the country, with a cumulative registered capital of 24.6 billion yuan. The total amount of 2052 households opened in 2006 was 96 billion yuan, an increase of 40%over the previous year. At the end of 2006, there were 134 branches across the country, and a number of brands with special services, professional division of labor, chain operation, and management innovation were initially formed. The development of pawn industry is closely related to the development of regional economic development and a private economy activity. Zhejiang, Jiangsu, Shandong and other economic provinces such as pavilion and the total amount of pavilion are greatly better than in Mainland provinces with the same capital scale. In the first half of 2007, the Chinese pawn industry continued to maintain smooth and rapid development. The total assets of 2,342 pawn -bonded banks that have been opened were 86.2 billion yuan, an increase of 12.7%year -on -year; the total number of paids in the first half of the year was 44.1 billion yuan, an increase of 31%year -on -year; Yuan, a year -on -year increase of 14%; tax paid 390 million yuan, an increase of 1.6 times year -on -year; 21,000 employees in the industry, an increase of 40%year -on -year. From a regional point of view, the 1239 pawnshills in the eastern region achieved a total of 35.49 billion yuan, accounting for 81%of the national pawn, of which the proportion of the dynamic pledged pawns was higher than two percentage points in the country. From the perspective of business composition, the amount of real estate pledges was 10.83 billion yuan, accounting for 24.7%of the total number of pairs; the amount of real estate mortgage pawns was 23.6 billion, accounting for 53.6%of the total amount of pavilion; From the perspective of operating objects, SMEs and private economies have become the main service objects of pawn industry. The country provides 38,000 gold for SMEs, an increase of 18%year -on -year, and a pawn amount of 22.2 billion yuan. It provides 990,000 yuan in residents, an increase of 8%year -on -year, involving a pairing amount of 19.9 billion yuan. In general, the development space of the pawn market is still very optimistic. In recent years, the scale of the pawn markets of countries and regions around the world has expanded, and the amount of business entities, pawn transactions and pawns have been increasing. At the same time, as a new type of financing method, it is a special way of financing. It has a very flexible way, almost zero with credit requirements for small and medium -sized enterprises. Essence
The pawn acceptance scope
If according to Article 25 of the Administrative Measures of Poly Pool: After approval, pawn can operate the following business:
(1) (2) Property Rights Pure Classification Code;
(3) Real estate (except for real estate in foreign provinces, autonomous regions, municipalities, or not obtaining pre -sale permits for commercial housing) mortgage business;
(4) The change of the value within the limit;
(5) identification and evaluation and consulting services;
(6) Other pawn businesses approved by the Ministry of Commerce in accordance with the law.
It 26 Databases shall not operate the following businesses:
(1) Sales of non -proper items and the acquisition and consignment of old items;
(3) Funding, absorbing deposits, or absorbing deposits in disguise;
(4) issue credit loans;
(5) other businesses approved by the Ministry of Commerce.
It 27 Database shall not receive the following property:
(1) property that is seized, seized or has been taken in accordance with the law or has been taken to other preservation measures;
(2) stolen goods and sources are unknown. Items;
(3) Flammable, explosive, toxic, radioactive items and containers;
(4) Control knife, guns, ammunition, military, police signs, equipment and equipment;
(5) State organs' official documents, seals and their management property;
(6) Certificate and valid identity documents except the property certificate issued by state organs; There is no property or failure to obtain the right to dispose in accordance with the law;
(8) Laws, regulations, and relevant state regulations prohibit the circulation of natural resources or other property.
Hirgility
(1) Disputes on the legislative management of the pawn. China ’s pawn industry is said to start in the Southern Dynasties. From the date of establishment of the Huimao Code of the Sichuan Chengdu, which came back to the Chinese pawn industry, whether the pawn industry should be uniformly legislative will have been accompanied by controversy. After the founding of the People's Republic of China, the pawn industry was banned. It was unnecessary through a special legislative and standardized pawn industry. It was adjusted to use policies and judicial interpretations on some pawn behaviors of the people. For example, in 1987, the Supreme People's Court "Opinions on Implementation of Civil Policies and Laws" and 1988 on the implementation of several issues on the implementation of the "General Principles of the People's Republic of China" (Article 120) all affirmed the classics system Essence After the pawn industry has reconciled, how to regulate the pawn industry through legislative standards has always had different opinions in the government management and the legal community. In terms of government, at the beginning of the Database Bank, as a financial institution, the People's Bank of China implemented a rigorous management policy. In June 2000, the Dianzheng Industry Supervision was taken over by the State Economic and Trade Commission and announced that "the qualification to cancel the Dianfang Bank's financial institutions", as a special industrial and commercial enterprise, relaxed the market access conditions for the pawn banks, and allowed the pawn bank to engage in real estate and property rights business. In July 2003, the State Economic and Trade Commission was revoked, and the Ministry of Commerce was responsible for the supervision of the industry. The frequent replacement of the industry authorities, from "financial institutions" to "special industrial and commercial enterprises" to "more special industrial and commercial enterprises", the role positioning changes are not only the needs of institutional reform, but in fact, it also mainly reflects government management. It has not yet reached a stable consensus on the nature of the pawn industry. In terms of the legal community, there have always been two claims about the legislative form of pawn karma. One is to add a "business quality" section in the "Property Law". The second is to formulate a pawn business law. In the "People's Republic of China Code" (draft) in the "People's Republic of China" (draft) draft by the Office of the Legal Working Committee of the Standing Committee of the Standing Committee of the National People's Congress on December 17, 2002, there is no provisions of the property rights. The "Administrative Measures" (hereinafter referred to as the "Measures"). In order to overcome the defects of insufficient effectiveness of management norms, the "Property Right Law" (draft) led by Professor Liang comes and Professor Wang Liming has specially set business pledge. There is no possibility of promulgation. And whether the relevant provisions of the "business pledge" can cover the "pawn" behavior in practice also have different views in the legal community. During the four reviews of the "Procedure Law (Draft)", the provisions of the "Ceremony" are written twice in the provisions It was removed twice, which shows that the legislative disputes on the legislative and the law circles are indeed very large. It is the many uncertainty of the government and the law of the law and the law of pawn karma, which has led to the adjustment of the pawn industry that has not been included in the height of the law. When the pawn business is controversial with the upstream bank guarantee business and the downstream selling business due to mixing, the existing existing is due to the existing existing existing The "Measures" lack of efficiency, and many normal behaviors have also fallen into the land under the jurisdiction of law, and some new businesses such as the punishment of stocks are even more impossible.
(2) The level and effectiveness of the "Measures" are low in China, although the recovery and development speed is very fast, but due to the low level of management standards and the low effect, it cannot meet the practical needs. In terms of its legal level and effectiveness, the Measures belong to administrative regulations, and the level and effectiveness are lower than laws and regulations. This has at least two consequences that are not conducive to the development of pawn karma in legislative management. First, it cannot prevent other departments and local legislators of the State Council from developing relevant regulations, causing confusion in the management of the department. Second, when the relevant regulations formulated by other departments of the State Council and local legislature are inconsistent with the Measures, whether the level of the establishment of an authority is formulated in accordance with the standards of the regulations or the time of promulgation of the norms. No compliance when operating. The reality is exactly the case. Because there is no national unified authoritative legislation, although the Measures fully stipulate the nature of the pawns, the competent authority, the establishment and change and the termination of procedures, the business scope, the business method, and the punishment rules, etc., but in the specific implementation, the implementation of the implementation is implemented. At that time, when entering the court lawsuit, the basis for its own needs. Because the industry regulations of the relevant management departments are different and the principles of provincial and municipal local legislation are different, the increasing disputes in the business operation and development of the pawn industry can only be used by the effectiveness of some pawn behaviors. Affirmation, for example, in 1993, the "Supreme People's Court on Dai Wenlin and Dai Wensu's Response of High School House Dispute Disputes" and the "Selling" and 1996 "People's Bank of China about the pawnshole engaged in a house to the house to vide in loans. The reply of business -related issues "reply to the" cannot be prohibited from the loan business "and so on. The management method of this kind of headache and foot pain reduces the management efficiency of enterprises and seriously affects the sustainable operation of the enterprise.
(3) Part of the important norms or too abstract in the "Measures", lack of an operable "Measures" part of the important specifications of the "Measures" are too abstract and lack of operability. For example, although the "Measures" allows pawn enterprises to establish branches, the legal status of branches does not clearly specify in the "Measures". Article 53 of the Measures in the general regulations, the public security organs shall be detained in accordance with the law and the public security organs shall be detained in accordance with the relevant regulations of the state at this time. Unable to operate. There is no detailed regulations for the damage of the Dangdang and the pawn bank. In practice, it can only be dealt with in accordance with the relevant provisions of the Civil Law General Principles, so that the "Measures" as a special law can greatly reduce. According to the "Measures", when real estate, automobiles, etc. are exactly, the households should come to complete the registration procedures, but in the practice of pawn practice, it is often impossible to fulfill their obligations. The connection of the law, at this time, the company's unilateral transfer procedures are usually completed, and they are usually refused by relevant departments according to law. There are still many specifications that are too abstract and inappropriate to operate in the "Measures". Instead of formulating the implementation rules of high efficiency departments through limited authorities, it is better to formulate an authoritative business code to solve these problems. In addition, through the formulation of the pawn law, it can also provide a more secure right to relieve the remedy channels for the pawn. If the normal pawn activity encounters the relevant departments' rejection, obstruction and negative inaction in accordance with the law, the pawn enterprise can protect it through judicial channels to protect it. Your own interests.
(4) The legal norms of conflicts related to the major legal norms related to the pawn industry mainly include the provisions of the "Guarantee Law of the People's Republic of China" (hereinafter referred to as the "Guarantee Law"). The "Measures" jointly promulgated by the Ministry of Public Security, the "Company Law of the People's Republic of China" (hereinafter referred to as the "Company Law") regulations on the establishment and operation of the company. Industry regulations and so on. Due to the "many politics", these norms or unconnecteds are not good or conflict, affecting the healthy operation of the pawn industry. Among them, the most theoretical and practical circles are the conflict between the "Measures" and the "Guarantee Law". According to the provisions of the China Guarantee Law, the pledge is a type 》, Tingfeng is not only a type of business, the quality of the quality can also obtain financing, and the pledgee has obtained power, which indicates that the rights obtained by the pawn enterprise depending on the behavior of the business are different from the business pledge. The "Measures" acknowledged that the liquidity agreed was valid. In this case, whether the company should apply the "Guarantee Law" or the "Measures". From the perspective of the level of legal effect, the former's effectiveness is undoubtedly higher than the latter, but from the perspective of the relationship between the general law and the special law, the latter should be preferred to the former, and the pawn industry is therefore into a unsuccessful situation.
Edit this paragraph urgency
From the business innovation of pawn business, some businesses have been free from the scope of regulation of the "Measures" and other legal specifications. Therefore Urgent.
The historical evolution of the pawn
The pawn industry is one of the oldest industries in human beings. It is the originator of the modern financial industry and the predecessor of mortgage banks. China is one of the earliest countries in the world to have a pawn activity and form a pawn industry. After research, China's pawn karma was initially sprouting in the two Han Dynasty, and began in the Southern Buddhist Temple of the Southern Dynasties. Century
Thei
The 1950s, and revived in contemporary reform and opening up, and experienced more than 1,600 years of historical ups and downs. The pawn industry resumed operation after the Third Plenary Session of the Eleventh Central Committee of 1978. In 1995, the Ministry of Public Security issued the "Administrative Measures for the Public Security and Security" (Order No. 26 of the Ministry of Public Security), and in April 1996, the People's Bank of China promulgated the "Temporary Dangdang Bank Management Interim Try. Measures, clarify the non -bank financial institutions, and supervise the pawn industry with the Ministry of Public Security. After 2000, in order to meet the requirements of the reform of the financial system, with the consent of the State Council, the People's Bank of China transferred the pawn as a special industrial and commercial enterprise to the former State Economic and Trade Commission for unified management. In August 2001, the former National Economic and Trade Commission formulated and promulgated the "Administrative Measures for the Pools" (National Economic and Trade Commission No. 22). After the institutional reform in 2003, the supervision of pawn industry was under the responsibility of the Ministry of Commerce. The scope of activities of the Qing Dynasty's pawn industry was extended into the countryside by cities, becoming an important lending organization all over the country. In Kangxi, according to taxation data estimates, there were at least more than 20,000 yuan in the country. During the Qianlong, there were sizes and small pawnshop opened in Beijing and outside the city. After the Opium War, due to the increasingly poor livelihood of the people of urban and rural areas, the division of pawn karma has different levels of classics, should, quality, presses, and pursuing. The biggest is the pavement, with a lot of capital, a long period of redemption, a lighter interest, and acceptance of real estate and property mortgage. There is no restriction on the amount of the deposit; Anhui is called quality, and Guangdong and Fujian are called). Due to the increasing taxes and post donations levied by the Qing government, and the variety of various stalls that are different from the size of the business industry are increasing. In order to reduce the burden and get rid of the restrictions on the business rules of the pawns, the new settlement of the new classics is mostly called quality quality The pavilion or betting stores have also been renamed the naming store, and the limits of all kinds of boundaries have been difficult to distinguish. In addition, there is also a so -called "generation", also known as "generation", or "pick -up", is mostly located in the townships, such as the ethics branches, called "this generation"; The agency business of pledges is called "guest generation".
The dwellers
The borrower went to pawnshop to borrow loans, mainly to cope with the urgent needs of family life, and some small producers were used by small -scale operations, or farmers used for production. When borrowing, you should first send the physical acceptance for the pledge, and pay the "ticket" by the pawnshop, which contains the item and borrowing of the borrowing, and is used as a voucher for redeeming the pledged product. In order to make outsiders unable to identify, write a lot of special fonts. Although it is a new clothes, it must be written as an old clothes or "tattered"; it is written as a copper lead in gold and silver; The borrowing period, the amount of borrowing, and the interest of the interest varies according to the nature of the pledge and the size of the pawnshop. The deadline is generally not waited for six months to two years. Most of the borrowing amount is 50 % of the pledge value, and the expiration of redeemed is unable to withdraw, and it becomes "dead". The official regulations of the Qing Dynasty stipulated that the pawn interest must not exceed three points per month, which was actually greatly exceeded, and the interest must be calculated on a monthly basis. After a few days, it will also increase for a month. When the paid is receiving and paying, it is also divergent by the so -called "gently entering" or "discount out of full money". The cash of the loan is only paid by the 94th, nineteenth and even 10 % off. When the household redemption is redeemed, the interest is full, and the interest is calculated as full as the basis; in addition, there are various additional expenses. Moreover, the smaller the value of the collateral, the shorter redemption period, and the highest interest, so the exploitation of the poor labor people is also the heaviest. The pawnshop in the towns also use grain valley as the basis or collusion with the large hoarding households to carry out speculative operations such as loan and buying and selling grain. Farmers must bear the loss of physical loss and the dealers in and out. The brutal exploitation of pawn karma has stirred up the resistance of the people. Although the government has protected and supported the pawnshop, incidents such as robbery and plunder of pawnshop have occurred from time to time. In the early days, most of them were wholly -owned operations. Capital ranged from thousands of to tens of thousands of. It was almost the majors of Shanxi,
Shanxi merchants (commonly known as Shanxiang) and Huishang businessmen. The feudal government and noble bureaucrats also regard it as a favorable place for operating capital. The Internal Affairs Government has opened a dozen officials in Beijing in Beijing, and local authorities have also set up classics by officials. The state treasury and local treasury officials often allocate a part of the sender to the business as a business, saying that the interest rate is about 7 to 8 % to one point. It is not uncommon for large bureaucrats and big merchants to invest in pawn. Xu Qianxue, the Ministry of Criminal Ministry of Kangxi, gave 100,000 silver to Bu Fan Chen Tianshi to operate the pawn; Tongdangye concentrated on the activities of the trinity of bureaucratic, landlords, and businessmen. Official deposits were once a powerful pillar of this usury activity. Generally, pawnshop can also send silver tickets and money tickets by themselves as credit tools, so their loan amount (commonly known as "shelf") far exceeds its own capital. Later, the official silver money number was opened, the ticket number and the money of money were developed, and the official deposit was reduced, relying on the support of the ticket number and the money bank to change the loan. In the fourteenth year of Guangxu (1888), there were more than 7,000 provinces outside Beijing, which was much reduced from the previous period. In 1912, the number of registered numbers in the country was reduced to more than 4,000. The betting store continues to increase, and its business focus has gradually shifted from cities to towns and towns.