| In the days of the Republic of China, the private lending customs played an associate law role in social finance field and played a vital role in maintaining social finance order. Making a thorough study on the problem can attribute to know the complete picture of traditional economy, politics and culture as well as providing some reference in administering the state of chaos.The private lending custom is some custom on private lending. It is necessary that to know the rough view of private lending in the days of the Republic of China before knowing the private lending custom at these days. The paper, at first, elaborates the rough view in lending cause, leverage, debts, and lending purpose. After that, the paper describes and analyzes the shape of lending custom. Its contents include three aspects:common lending, pawn, rotating savings and credit association. Common lending includes money lending and lending in kind. Pawn includes mortgage land-house, wife, and chattels. Rotating savings and credit association includes financing, savings, insurance, charity.Generating mechanism of customary norms of private lending custom mainly embodies mechanism of customary norms of private lending custom as cause, access, and source of generating mechanism by means of generating mechanism of law. Cause mainly reports interest, morality, politics, and local color. Access mainly reflects games between two groups, including game in the creditors and game in the debtors as well as game in the creditor and debtor.Operation mechanism of customs includes mechanism of marketable regulation of customs of social regulation of customs. Especially, the mechanism of marketable regulation is divided into autonomous regulation. That is, regulation of mutual governance, and third-party regulation. The mechanism of social regulation is divided into punitive mechanism mediated by rural credit. Deposit mechanism mediated by social position and drawing over mechanism mediated by relation. With the development of history, the customs in the days of Republic of China evolve and expand to each customs of lending in today's society. The culture contains the customs, so we can analyze the mechanism of historical evolvement. With regard to contemporaryDuring the period of the republic of folk lending is showing three main habit a general characteristics:rooted in the period of the republic of rural society, the private lending used to present a major interests, the moral and political of interlacing picture; In the private lending habits of the generation, the operation and the evolution process, with its loan agreement is closely joined together; During the period of the Republic of private lending customs is to hire the lord a group interactive game, and paivate lending customs showed the characteristics of "modern civil law". |
