On The Monetarylaws In Modern China

The currency law is not the legal system the core of the financial system; it is an important manifestation of national sovereignty. So it is important that if the monetary Laws and the currency system are matched. This thesis wants to study the evolution of the traditional currency law in modern China and find out the rules, the experience, and the lessons; analysis the gains and losses in the modernization of traditional Chinese law; improve the comprehensions of modern Chinese society. So this study pays most attention at the association of the traditional law and modern law of China. This study also attempts to explore the reference of the tradition laws of China. And these are the innovations of the thesis. This thesis has two threads—the types of currency and the stages of the Monetary Laws transformation. This thesis has five chapters.The first chapter discussed the relation between the modern Chinese currency law and the transformation of the modern society and legal system. And it also divided the different developing stages of the modern Chinese currency law. In the base of the divides the thesis analyzed the conception and source of the currency law. This thesis wants to find out a balance between the modern and tradition and between the western countries and China. In base of the pluralism, this thesis confined the currency law included the statute law, the unwritten law, the industry standards, the customary law.The second chapter main content is about the tael system in modern China. It discussed the solid silver and the virtual silver’s types, qualities, quantities. And analyzed the tael system’s relation with the political situation, the criminal policy, economic development, and the cultural changed. This chapter probed into the evolvement and reform in the late Qing Dynasty and the early Republic of China, discussed the reason of the silver dollar system replaced the tael system, analyzed the background of the political, economic, and culture in modern China. The silver dollar system has relationship with the reform of legal system in late Qing Dynasty; this chapter also studied the station of the silver dollar system in the reform.The third chapter main studied the reform of traditional specie system in modern China. It analyzed the historical background and the political, military, economic, ideological and cultural roots of specie system decline from prosperity in modern times. And this chapter discussed the character and the background of the traditional currency system of China through the criminal policy and judicial cases. The specie system finally replaced by the copper coin system, this chapter also probe into the place and the meaning of the copper coin system in reform of the currency system in modern China.The forth chapter’s topic is the transformation of the financial industry and the currency system in modern China. In late Qing Dynasty, the foreign banking business invades and controls China; the monetary authority of China is almost loss. This chapter studied the reason of the development of finance in modern China, analyzed the content of the modern currency system, and explored the gains and loss in this process.The fifth chapter researched the currency in 1930’s and 1940’s. This chapter studied the major issues like fei liang gai yuan (abolish the tael and adopt the silver dollar), legal money, the traditional currency system’s declined, and the modern currency system’s established etc. The Nanjing government and the CCP government has different currency system practice, this chapter discussed their experience and lessons.The conclusion section makes the summary of the whole thesis.