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Conditions and requirements for pawn shop license application

at present,The minutes of the Eighth National Court Civil and Commercial Trial Work Conference of the High People's Court are soliciting opinions from all walks of life.。

Therefore, this meeting follows the seventh national civil trial work conference in 2007.,The High People's Court held another hearing covering civil matters、business affairs、intellectual property、Foreign-related commercial affairs and maritime affairs、An important meeting covering all aspects of civil and commercial trials including environmental resources,The final minutes of the meeting clarified the overall tasks of civil and commercial trial work at present and in the future.,Therefore, it has attracted great attention from all walks of life.。

in,Clear Provisions on Pawn Disputes and Case Trial,It also caused heated discussions in the pawn industry across the country.。 meeting minutes(Draft for comments)Item 8 of ",When hearing private loan dispute cases,Strictly examine the facts,Accurately apply the law,Focus on handling the following issues regarding pawns:Pawn shops are special non-bank financial institutions,Pawn as a form of financing,Played an active role in financing small and medium-sized enterprises。

Pawn shops should be encouraged and supported to engage in pawn business within the business scope stipulated in the "Pawn Management Measures",Pawn money interest rate and pawn comprehensive

cost

All should comply with the scope stipulated in the "Pawn Management Measures",The excess shall be considered invalid。no pledge,The pawnbroker issues a pawn ticket to the pawnbroker or signs a loan contract between the two parties,The pawn contract should be deemed invalid,The legal relationship between the two parties should be handled in accordance with private lending。

The content about the pawn issue is only about 200 words.,But in the words of Yang Yong, president of the Beijing Pawn Industry Association,:"The minutes of this meeting(Draft for comments)"Guiding Opinions on the Trial of Pawn Dispute Cases",It is a top priority regarding the survival and development of the pawn industry.”。And this "top priority",The foreshadowing was laid as early as 2013。

13September,In response to the increasing number of private lending disputes,The High People's Court drafted the "Regulations on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases",and solicit opinions from the community。The newly announced Regulations(Draft for comments)》When defining private lending,guarantee financing、pawn、Small loans, etc. are included,and make it clear

Require

Disputes related to this will be governed by the relevant content of the Regulations。

This also means,The loan charging standards of the pawn industry will not be regulated in accordance with the "Pawn Management Measures",The applicable private lending interest rate,That is, the height shall not exceed 24% annualized。 ,The pawn industry responded greatly,and generally believed,Pawn, both in terms of its positioning as a non-bank financial institution、Nature of business、consideration of many aspects such as the social role it plays,are different from private lending,Not to mention that the relevant provisions on private lending cannot be applied in judicial trials.。

In particular, the charging standards apply to private lending interest rates,There is an obvious conflict with the charging standards stipulated in the current "Pawn Management Measures"。If in accordance with the initially announced "Regulations"(Draft for comments)》Implementation,The fundamental survival rules and business practices of the pawn industry will be seriously jeopardized,Even facing an existential crisis。Since then,A discussion and suggestion activity on whether the applicable laws for private lending should include the pawn industry has begun.。

Multiple efforts,2013December 12,Yao Hui, Deputy Director of the First Civil Affairs Department of the High People's Court、Zhang Yaobo, deputy director of the Department of Industry, Communications and Commerce of the Legislative Affairs Office of the State Council、Zhang Shudong, deputy inspector of the Circulation Development Department of the Ministry of Commerce and other leaders,Went to the Beijing Pawn Association to conduct research and heard from the president of the Beijing Pawn Industry Association、Yang Yong, Chairman of Huaxia Pawn Shop and others,Corresponding suggestions on how pawn shops should not apply the "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"。

,The Beijing Pawn Industry Association has sorted out several issues in which pawn shops should not apply the "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases",Drafted the "Regulations on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" by the Pawn Industry Associations of Various Provinces, Municipalities and Autonomous Regions(Draft for comments)Comments and suggestions for modifications》,And jointly with Shanghai、Tianjin City、Guangdong Province、Zhejiang Province、Anhui Province、Jiangsu Province、Shaanxi Province、Liaoning Province、Heilongjiang Province、Inner Mongolia Autonomous Region、Wuhan City、Qingdao City、Pawn industry associations in Shenyang and other places jointly stamped,Submit recommendations to the High People's Court。

,The High Court accepted industry suggestions,Within the scope of application of the "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases",The pawn industry is not included。This "Regulations" has been implemented on June 23, 2025,Passed at the 1655th meeting of the Judicial Committee of the Supreme People's Court,and released on August 6,Effective from September 1, 2025。

The "Regulations on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" finally issued by the High Court did not list the pawn industry among them.,It can be said that this is a phased achievement for the pawn industry to fight for its own rights and interests.。

soon,2025September 8,from Beijing、Shanghai、Chairman of the industry associations in some provinces and cities across the country initiated by the three pawn industry associations in Zhejiang、Secretary-General’s symposium held in Beijing;Tianjin、Liaoning、Guangdong、Hebei、Shaanxi、Anhui、President of the pawn industry associations in seven provinces and cities in Hunan、The Secretary-General was invited to attend the meeting。

One of the important topics is an in-depth discussion on the adjudication standards for pawn dispute cases in the "Meeting Minutes" prepared for the upcoming National Court Civil and Commercial Trial Work Conference.,To avoid the fact that the "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" are not clear and the courts in various places apply different standards in the trial of the case。

,By Beijing Pawn Industry Association、Lantai Law Firm drafted the "Recommendations on Protecting and Supporting Pawnbrokers to Collect Absolute Comprehensive Fees in Compliance with Regulations and Contracts"、"Request for Instructions from Provincial and Municipal Pawn Industry Associations across the Country on Requesting to Accelerate the Legislation of Pawn Industry Management Regulations" and "Request for Instructions on Revising Pawn Management Measures as soon as possible"。

After extensive consultation with experts inside and outside the industry,,From 25 provinces and autonomous regions across the country、2After jointly stamping the seals of 10 cities under separate state planning and 8 provincial capital city associations,,Before September 30, 2025,Submit to the High People's Court respectively、Legislative Affairs Office of the State Council and Ministry of Commerce。

shortly after submission,Leaders of relevant departments and bureaus of the Legislative Affairs Office of the State Council and personnel from the Circulation Industry Development Department of the Ministry of Commerce once again conducted an in-depth investigation of Huaxia Pawn Shop in Beijing.,and held discussions with the Beijing Pawn Industry Association,Listen to the opinions and suggestions of pawn industry representatives and experts。

"Minutes of the Eighth National Court Civil and Commercial Trial Work Conference of the High People's Court" published(Draft for comments)"This is the first time that the High People's Court has clarified the trial opinions on pawn dispute cases.;Reflects judicial protection of industry interests、Respect department rules、Respect industry business practices、Respect industry business civilization、Consistent thinking of respecting industry trading rules。

"Meeting Minutes"(Draft for comments)》affirmed the attributes of pawn shops as financial institutions,Clarified the role of the "Pawn Management Measures" as a basis for adjudication in pawn disputes,Protect pawn shops from charging pawn interest rates and comprehensive pawn fees in accordance with the "Pawn Management Measures"

cost

;Clarified the difference between pawn contracts and private loans。

Step by step implementation of the "Minutes of the Eighth National Court Civil and Commercial Trial Work Conference of the High People's Court"(Draft for comments)》Achievements,2025January 11,A symposium of pawn industry associations in some provinces and cities across the country was held in Shijiazhuang City。

The meeting was attended by 19 pawn industry associations from provinces, municipalities and autonomous regions and 8 cities under separate state planning.、President of the Pawn Industry Association of the Provincial Capital City、There are more than 50 secretaries-general,Regarding the "Minutes"(Draft for comments)》Contents related to pawns have been carefully studied。

full discussion,The meeting unanimously agreed,"summary(Draft for comments)》Article 55、Article 56 clarifies the financial attributes and positioning of the pawn industry from a judicial perspective,and fully affirmed the social role played by the pawn industry。

The industry especially believes that,"summary(Draft for comments)》Clearly in accordance with the law、According to regulations、Relevant regulations that protect the pawn industry in accordance with the contract, such as interest rates and comprehensive pawn fees,Not only is it in line with the business habits formed by the pawn industry through its long history of more than 1,700 years,And it is in line with the business civilization that is generally applicable to countries and regions around the world in the modern financial industry - such as the United States、UK and Taiwan、Hong Kong area, etc.,The survival rules and natural rights granted to the pawn industry clearly defined by laws and regulations,It also maintains a high degree of consistency with the "Pawn Management Measures" that are still in force and supervises and manages the industry according to law.。

Pawn shops collect pawns in accordance with the standards stipulated in the "Pawn Management Measures"(pledge、mortgage loan)Interest and comprehensive fees are reasonable and legal,There is a law to follow;at the same time,It also fully clarified the financial attributes of the pawn industry,That is, a pawn shop is a non-bank financial institution,Not within the scope of private lending,There are essential differences between pawn shops and private lending。

The "Minutes" are still in the stage of soliciting opinions.,Therefore, while the pawn industry across the country is carefully studying and studying the contents of the minutes,,We sincerely hope that the minutes will be officially released as soon as possible,Provide judicial guidance in line with the development of the times for future pawn disputes and case trials。

Everyone agreed,National pawn industry associations at all levels,Industry recommendations should be made to the territorial High People’s Court after the meeting、Convene expert seminar、Invite competent authorities to express regulatory opinions, etc.,Clarify the "Minutes"(Draft for comments)》No. 55、56The correctness and reasonableness of the provisions of this article。

The results of the discussions at the above meeting,In addition to the unanimous approval of all pawn industry associations participating in the meeting,Jiangxi、Sichuan、Gansu、Qinghai、Ningxia、Six provincial-level pawn industry associations in Yunnan and the Chengdu Pawnbrokers Association were unable to attend the meeting.,I also fully support and agree with the outcome of the meeting discussion。

Expect,The Beijing pawn industry will also organize relevant experts and scholars,Regarding the "Minutes"(Draft for comments)》Carry out discussions on pawn-related content,final expert opinion,Submit to the Supreme People's Court。"Yang Yong revealed to a reporter from China Business Daily。

unanimously agreed,In the current domestic economy、Under the "new normal" where the financial situation is becoming increasingly severe,Effectively resolve the court's support for pawnbrokers to collect interest fees in accordance with contracts and regulations when hearing pawn contract disputes(Including interest charges after absolute settlement、liquidated damages)question,To promote the health of my country’s pawn industry、continued、fast、Coordinated development has extremely important practical significance and far-reaching historical significance。


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