江西财经大学学报 ›› 2012, Vol. 0 ›› Issue (01): 687-.

• • 上一篇    

清末民初民间借贷中的民事习惯

郑永福   

  1. (郑州大学 历史学院,河南 郑州 450001)
  • 发布日期:2021-01-21
  • 作者简介:郑永福,郑州大学教授,郑州大学历史文化遗产保护研究中心研究员,博士生导师,主要从事中国近现代研究;

On the Civil Habits of Private Lending at Late Qing Dynasty and Early ROC

ZHENG Yong-fu   

  1. (Zhengzhou University, Zhengzhou 450001, China)
  • Published:2021-01-21

摘要: 清末民初,民间借贷中的民事习惯纷繁复杂,不同地域,多有别异。借贷利率与借贷期限、借贷数额、借贷对象及银根松紧形势等市场因素有关,以“月利三分”为限,有“零利率”、“低利率”、“高利率”之分;借贷担保有以中人与房屋、土地、粮食、牲畜甚至妻女之分;债务履行有利息滚入母金、利息不滚入母金、停利归本、先偿利后归本、打账与摊账或摊还、立发财票或兴隆票之分。其中,有些属陋规恶俗,理应摒弃;有些属公序良俗,值得借鉴。认真梳理清末民初民间借贷中的民事习惯对规制与引导当今社会民间借贷秩序不无裨益。

关键词: 清末民初,民间借贷,民事习惯

Abstract: At the turn of late Qing Dynasty and early Republic of China, the civil habits of private lending were very complicated, with lots of differences at different regions. Lending rates were related with such market factors as loan term, loan amount, loan target, money supply tightness situation, and other factors. With a monthly interest of 30% as a limit, there were zero interest rate, low interest rates, and high interest rate. The loan guarantee took such forms as the middleman, housing, land, grain, livestock, and even wives and daughters. The fulfillment of debt had such forms as interest adding to the principal, interest not adding to the principal, returning the principal without interest, returning the principal after paying the interest, asking for allowance, paying the debt by amortization by all the possessions, sharing the possessions among all the creditors, and signing written pledges promising to pay back when becoming rich or prosperous. Among them, some belong to objectionable practices and should be abandoned; some belong to public order and fair practices, so they are worth being learned from. It is rather helpful to carefully sort out such civil habits of private lending, so as to regulate and guide the order of private lending in today’s society.

Key words: late Qing Dynasty and early ROC; private lending; civil habits