典当作为一种经济现象,在我国有着悠久的历史,它以小额质押借贷的方式满足了社会对资金的需求,方便了民众的生活,也促进了社会经济的发展,弥补了主流金融行业的不足。典当行存在的民法基础是营业质权制度。但是,我国现行法律,包括新近颁行的物权法并未对营业质权作出规定。本文拟在对典当的法律性质进行分析的基础上,指出其实质为营业质权制度的观点,并提出关于典当业立法的有益的建议。 As a kind of economic phenomenon, pawn has a long history in our country. It meets the need of capital from the public with the way of small pledged loans, facilitates the life of the public, promotes the social and economic development, and makes up for the mainstream financial industry. insufficient. The pawn shop’s existing civil law foundation is the business pledge system. However, the current laws of our country, including the recently enacted property law, do not provide for the business pledge. Based on the analysis of the legal nature of the pawn, this article points out its essence as a business pledge system and puts forward some useful suggestions on the legislation of the pawn industry.