Study On Usury Prohibition And Governance In Ming And Qing Dynasties

Usury is not only a long-term problem in China’s national governance,but also a hot social issue.Based on the study of usury in Ming and qing dynasties,this paper explores the legal and cultural factors of usury governance in traditional Chinese society on the basis of the detailed description of the state,governance system and effectiveness of prohibition and governance of usury industry in Ming and qing dynasties.Introduction to the existing research results,research objects,significance and other content for a brief description.On this basis,the historical origin of usury,the historical role and influence of usury are discussed.It proves that usury is a kind of "local knowledge" with consistent moral judgment results under different historical and cultural backgrounds,and its judgment criterion contains the justice that the society generally requires.To some extent,the influence of usury on politics surpasses the influence on economy.This paper also describes the general situation of usury in Ming and qing dynasties from three aspects.From the social level,this paper describes the social class,capital source and industry status of usury in Ming and qing dynasties,and generally recovers the appearance of usury in Ming and qing dynasties.From the perspective of ideology,the general attitude of the society towards usury in the Ming and qing dynasties was reflected in the context of the thoughts and ethics of usury in the traditional Chinese society.From the behavior aspect,through the comparison between general loan and usury,this paper describes the usury in Ming and qing dynasties.Generally speaking,the Ming and qing dynasties were a period of national usury,with a high tolerance for usury and a lot of inequality and non-freedom in the loan relationship.The system of usury prohibition and governance in Ming and qing dynasties is the main part of this paper.This part is mainly based on the text study,roughly according to the division of the modern ministry law,through the integration and discussion of the legal documents,administrative provisions and other normative documents in this period,to restore the usury prohibition and governance system in the Ming and qing dynasties.In this part,this paper also shows the role of "small tradition" in usury prohibition with the help of literary works and other contents in Ming and qing dynasties.The practice of usury prohibition and governance in Ming and qing dynasties is the focus of this paper.Told,jurisdiction and usury forbidden by usury of the case in the governance system preface-structure and judicial officials in preference,in the process of implementation of the Ming and qing dynasties usury banned for purpose,effectiveness evaluation,and relevant conclusions: during the Ming and qing dynasties is usury,is the wind of prevalent usury during this period and low cost of lending and factors such as the high cost of lawsuit resulted in the Ming and qing dynasties usury prohibition and governance system caused by the inefficiency.The fifth part mainly uses the research methods and materials of professor Chen zhiwu to argue against some popular viewpoints,and further proves that the cause of death of the lender in the case of usury death is not the common moral censure from the government and the society,but the abuse of the moral hazard by the lender,which leads to the reckless resistance of the borrower.On the one hand,it is to refute the economic liberalists,on the other hand,it is to supplement the argument in this paper with the views obtained.Through the last discussion,it can be concluded that although there are great differences in the text,there is an obvious continuation and inheritance between the current usury legislation in China and that in the Ming and qing dynasties.