| Anti-Japanese War, which achieved the final victory nationally and has a far-reaching influence on modern Chinese history. During the war, the national government implemented the financial control by law and collected all the financial power of the country to support the financial war, which ensured the supplies to the war and consolidated the basis of basic protection. During the war, the national government implemented a series of war-time emergency financial and legal system, which formed a highly centralized, convenient and flexible system of state control. In general, it can be divided into three categories: First, the basic legal financial control in wartime; Second, the specific laws of the financial control in wartime; third, the orders, rules and systems of financial control in wartime and so on. It was the coordination between these various types of legislation and complete sets that the government can mobilize all the money and resources to support the war effectively. Meanwhile, it was modified according to the time and places. That ensured the financial law system in wartime can be sustained, stable and effective .It was relatively healthy, unified and efficient (in terms of relative modern Chinese legal system, it is sound, unified and efficient, but lower than the same period of the Western legal system )The wartime financial and legal system for the provision of financial mobilization preparation and implementation of the basic basis and assurance that the wartime national government to organize the implementation of efficient financial mobilization and protection, which support for eight- year war and got victory in the final. It can be said that the war was affected by the economy throughout the process and outcome. Even the Japanese as the enemy admits that the financial consolidation is a very important factor of the victory of the long-term adherence of the war in China.From a legal point of view, the history of the change in the wartime legal system in China provides a great sense of history textbooks and model, and its success or failure can improve the state of emergency legislation and the reality of China promote meaningful modernization of the financial system in China. However, there is regret that systematic research on the topic and discussion of areas of law in China is still blank. The objective of this study lies in wartime national government through the Examination on financial legislation, financial law during the war revealed the objective law of development, and cited the experience, lessons learned as a warning and reference of the world. Based on the above purposes of this study, its theoretical value and practical significance embodied in the following three aspects:There is no doubt that the study must be based on the real history. This study will help to restore the original appearance of wartime practice of financial legislation. through the deep research on financial institutions, banking and non banking control (including securities and insurance industries), which restore the real history——"Although China and Japan are away from the battlefield, the struggle in the economic field still exists, " there is an old saying that "Historical Studies, such as judging," while law and legal history the cross-disciplinary of law and history. As for the judge of the historical and law phenomenon, it is required to be objective and rational and seek to have the appropriate historical facts and historical basis, so I hope this is not a simple repeat of previous conclusions or arbitrary appraise. The glimpse of the history, though I made my all effort to bring it prefect. But nothing is perfect in the world. If such facts are not consistent, there is still hope all respectable and dear friends to teach me.There is no doubt that the conclusion can’t be made without fairness. The objective evaluation of this research will help evaluate the pros and cons of legal finance system in the war. From the point of view of technology and legislative .During the War, the law against banking, securities, insurance and other financial management basically complete, covering the special Anti-ruled areas during the country’s economic and social development and combat readiness of the requirements, but also was supportive to eight-year war, and ultimately achieved a complete victory in the war. Meanwhile, the author has no intention to evade the serious problems of the legal system of finance development and implementation in wartime, trying to take advantages of the rich historical and legal text itself, the legal value of the choice of the three functioning legal point of view, and discused the disadvantages and many defects of the legal system of war finance.History makes us cleverer. This study will help in advancing the process of building the rules of law and learn lessons from it. Analysising the "supply - demand" and balanced manner of Chinese financial legal system during the War and measuring the financial legal system war on the economy ruled areas, and the achievement of political objectives, summarizing the context of war, the causes of the financial system and the change of the law, we’ll know not only the advantages and disadvantages of the financial legal system, but also sum up the experience, which have a very important practical value and practical significance to the emergency legislation and reform and improvement of financial legislation.The topic about financial legal systems in wartime is very valuable. In order to achieve the above purposes, the author has collected and arranged extensive historical materials with a method which is based on the study of law perspective, the use of literature analysis , empirical analysis, cross-disciplinary research methods (cross-study method), functional analysis and other research methods, the integrated use of history, economics and other disciplines of theory. The author thinks that and he has created a very significant research project in the field of law. The main innovation of this study was as follows:First, it makes up for the lack of emergency legislation, for the normal state of human society is constantly intertwined with the state of emergency, and continue to move forward. Although you can try to prevent a country from emergency, but never could completely avoid the occurrence of the emergency of a state, which is the objective laws of social development. There is an old saying goes like that,“the situation is changed with the time; the environment is changed with the situation; the method is changed with the environment. The law should also provide normative solutions for all possible social phenomena. Although the performances of the emergency law will have a bad effect on the whole country, there’s no other choice.This requires legal circles to study the relevant issues previously, in order to prevent effectively, solve the emergencies timely and reduce the occurrence of a state of emergency, which is regarded as an important goal in managing state affairs. However, at present the experts focus a lot on the research about law, but ignore the research on the legal system in the "emergency" state. The law under the emergency state is very typical. The financial legal systems in wartime are an important law research. What National Government carried out during the war provides a valuable material which is useful to this creative study.Second, to make up for the blank in the study on the history of modern laws. Previous studies mainly focused on the Constitution, the Criminal Law and the Civil War, marginalizing the history of economic law, esp. the finance law. The Anti-Japanese War holds the balance in researches on Chinese modern history, so does the finance law during this war, which was an important means of the national government to protract the war and its legislation practice to impose interference on economic activities. Study on the latter, however, has rarely been carried out in the law circles. For the past 50 years plus, a small number of books have been published by the economic history circles, compiling and introducing this topic. Among the books, the discussion about the wartime finance law through a juristic perspective is still being left to further study. Statistics collected by the author prove this fact, so the paper will work over the wartime finance law and reveal its modifications, with the intention of filling the blank in the study on the history of modern laws and the history of department laws.This paper follows the three-step structure. That is to rise questions, analyze problems, and make a conclusion. First, the author introduced background of the legislation of the financial legal system during the war and the evolution and basic characteristics of it. and then detailed analysis the specific control system and the practical effect. Finally, the author explore the practical enlightenment of the history on the basis of the dialectical analysis and evaluation of the entire system.There are twelve chapters in total. It can be divided into three major parts according to the three-step logical research method:The first chapter and Chapter II is the pandect for financial legal system in wartime, introducing a deep historical background of the system and the successive characteristics and make a brief description of the legislative motive. On the basis of the reaserch on the developments of different periods of time, the author concluded its constitution and legal characteristics of the legal relationship.From Chapter three to Chapter ten, the author introduced the points for the financial legal system in the war , which is divided into two: the legislations on financial organization system and the regulation on financial business system .The legislations on financial organization system is about the movement of the financial system and the improvement of the emergency and the principles of the central bank. What’s more, the financial business system involves money, paste release, exchange, savings, gold, silver, insurance, securities and several other areas. All of these are introduced by citing plenty of examples and make some evaluation on some points.Chapter XI, XII for the war is about the evaluation of the legal system and enlightenment of the financial system in the war. On the basis of the previous text of the legislation and practice of the financial system ,the dialectical analysis and objective evaluation of the gains and losses are introduced, and the practical value of the modern legislation are proposed from the point of view of the legislation of the state of emergency and finance. |
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