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典当业历史久远,传统典当极具中国特色。当今,典当已成为一种非银行性质的融资活动,是一种介乎商业信贷与民间借贷之间的准金融行为。公证介入典当,可以起到规范、调整典当行与当户之间法律关系的作用。对于典当行为的规范,我国现行立法存在效力层次不高,民事规范缺乏以及有待细化等问题,仅为部门规章之形式,即《典当管理办法》,此外,房地产抵押典当合同作为具借款抵押性质的一种合同,也应当受到《合同法》、《物权法》以及《民法通则》之相关法条的调整。由于缺少系统、有效的特别法规范,公证实践中需要依据现行法条分析、判断。
Pawn industry has a long history, the traditional pawn with Chinese characteristics. Today, pawn has become a non-bank financing activities, is a quasi-financial behavior between commercial credit and private lending. Notary public participation in the pawn can play a role in regulating and adjusting the legal relationship between the pawn shops and the client. For the standardization of pawnbroking, the existence of our existing legislation is not effective, the lack of civil norms and other issues to be refined, only the form of departmental rules, that is, “pawnshops management approach”, in addition, real estate mortgage pawn contract as a loan mortgage nature Of a contract should also be “Contract Law”, “Property Law” and “General Principles of Civil Law,” the relevant provisions of the adjustment. Due to the lack of systematic and effective special law norms, notary practice needs to be analyzed and judged according to the current laws and regulations.