The Legal Regulation Of Usury In Nanjing National Government Period(1927-1937)

During the period of the Nanjing Nationalist Government,due to multiple factors,the problem of usury became increasingly prominent.The serious problem of usury caused social unrest,causing rural areas to fall into disrepair and depression,and putting people’s lives in crisis.In order to provide relief to the lower class,revitalize declining rural areas,and maintain social political and economic order,the Nanjing Nationalist Government issued various laws to regulate usury behavior.However,the implementation of these laws had certain limitations at that time and had significant implications for the modernization of law.The issue of usury during the Nanjing Nationalist Government period was the result of a coupling of multiple factors and was a product of specific historical conditions.The main factors contributing to usury include natural disasters,wars and banditry,the decline of household sidelines,the exploitation of taxes,the characteristics of agricultural production itself,land mergers,and the plundering and exploitation of foreign capital.High interest loans have caused serious social problems,leading to rural depression and downfall,and people’s lives being in crisis and unsustainable.The lower class of people have to repay loans in order to repay high interest loans.People who find it difficult to repay loans can only sell their properties and fields,pledge clothes,and even turn their wives and daughters into prostitutes.The problem of usury has caused serious social unrest and disrupted the economic order of society.The people and insightful individuals continue to call on the central government to legally regulate the issue of usury,and local governments have also taken action to relieve the people.Considering that various local governments had taken various measures to relieve rural areas at that time,the Nanjing Nationalist Government believes it is necessary to standardize legislation and unify laws and regulations.In response to the depression and decline in rural areas,the Nanjing Nationalist Government has introduced corresponding laws in the field of agriculture,providing financial support for rural areas and providing loans to the public.It reduces people’s high interest loans by supporting and assisting agriculture.During the period of the Nanjing Nationalist Government,laws such as the Agricultural Warehouse Law,the Implementation Regulations of the Agricultural Warehouse Law,and the Cooperative Law were introduced to evaluate and analyze the legislative process,legal texts,and specific implementation of these laws.The Nanjing Nationalist Government has regulated the issue of usury in civil law.The Nanjing Nationalist Government has issued a decree on high interest loans with an annual interest rate not exceeding 20%,but there is a conflict between the old and new regulations during the implementation of the decree;Some people have a partial understanding of the implementation of laws and regulations;The poor effectiveness of legal supervision and other issues has led to its unsatisfactory implementation effect.In order to address the series of negative consequences caused by usury,the Nanjing Nationalist Government has adopted criminal law regulations to address the issue of usury.In the early days of the Nanjing Nationalist Government,there were no corresponding criminal offenses to regulate the act of high interest lending.The Nanjing Nationalist Government punished the act of high interest lending and exploitation based on the "Regulations on the Punishment of Local tyrants and evil gentry".Some scholars believe that the "Regulations on the Punishment of Local tyrants and evil gentry" had a strong political color at that time and did not receive good implementation.However,according to a number of legal interpretation on usury(usury)published by the Judicial Yuan,combined with the analysis of some specific cases,it can be seen that the Regulations on Punishing Local tyrants and Evil Gentry played a role in the governance of usury at that time.With the introduction of the "Amendment to the Criminal Law of the Republic of China",the act of profiteering and exploitation has been included in the criminal law,and high-interest lending is punished with fraud,breach of trust,and the crime of profiteering.The article analyzes the specific implementation effect of the criminal law on the legal regulation of usury based on some specific cases.High interest loans have led to some women becoming prostitutes,and local governments have issued some laws to alleviate the problem of prostitution caused by high interest loans.However,after being rescued,prostitutes often face debt lawsuits.During the period of the Nanjing Nationalist Government,there were both shortcomings and improvements in the implementation of legal regulations on usury.In terms of its shortcomings,firstly,the legal regulation of usury did not solve the root problem of rural areas: although the Nanjing Nationalist Government legislated in agriculture to provide financial support to rural areas and help farmers with low interest loans,it did not involve the core of rural decline: land issues.This has led to an increasing trend of usury in rural areas.Secondly,although the Nanjing Nationalist Government has implemented legal regulations on usury,it has not applied systematic thinking to solve the problem of usury.There has been a phenomenon of "headache cures the head,foot pain cures the foot" in dealing with usury issues.Finally,in the context of turmoil,the implementation of various laws and regulations implemented by the Nanjing Nationalist Government was greatly reduced,and without a peaceful and stable social environment,the implementation of policies and regulations was inevitably difficult.In terms of its progressive significance,although the effectiveness of these laws is not satisfactory,the promulgation and implementation of each law can provide a basis for legal relief for the people oppressed by usury.From the perspective of individual relief,it provides important assistance to the people oppressed by usury,and its significance is extraordinary.