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A Study on Legal System of Pawnbroking Industry Management

¡§Pawnbroking Industry¡¨ is an ancient industry in our country, its history has existed over one thousand year at least. Initially, pawnbroking industry began to develop from the temple. With the religious spirit of expressing humanitarianism, the temple used its principal to provide the poor with a method of loaning money. Nevertheless, as times goes by and a business characteristic of earning profits easily, the industry has gradually combined with usury behavior and transformed into another diverse sort of complex industry and fairly differ from the original concept of charity as well.
As it¡¦s proclaimed in Article 8 of Constitution of the Republic of China that ¡§Financial institutions shall, in accordance with law, be subject to State control.¡¨ Even though, pawnbroking industry isn¡¦t a portion of financial institutions, it¡¦s still necessary to legally manage because the characteristic of making profit and the business model. Consequently, for the sake of achieving the above goal, our government established ¡§Pawnbroking Industry Management Directions¡¨ in 1940 to be in accordance with, and the directions have lasted for sixty years. Afterwards, to strengthen the lawful position and suit the demand of times change, ¡§Pawnbroking Industry Act¡¨ was legislated and declared officially in 2001, and the act became the significant legislation of pawnbroking industry management in our country. From then on, the official authority of pawnbroking industry management has been definitely empowered by the law, and been epochal significance in the history of pawnbroking industry management.
The legal system of management is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and practice observation are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding the legal system of pawnbroking industry management on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future pawnbroking industry management are hereby provided, which can be a reference for the police authorities in exercising their powers, establish the administrative standards of Taiwan according to law, and improving the legal appearance of our country under the rule of law.

Identiferoai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0820109-145803
Date20 August 2009
CreatorsKo, Chiao-yi
ContributorsLiu, Cheng-shan, Deng, Shuai-liang, Wu,Chuan-Cheng
PublisherNSYSU
Source SetsNSYSU Electronic Thesis and Dissertation Archive
LanguageCholon
Detected LanguageEnglish
Typetext
Formatapplication/pdf
Sourcehttp://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0820109-145803
Rightsnot_available, Copyright information available at source archive

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