On The Habits Of The Status And Relationship With National Law

Chinese Money-loan Associations is a folk financial custom with long history. It is a folk financial form based on the blood relationship with cooperating and helping with each other. Nowadays it still exists extensively, and recently, closing down of Chinese Money-loan Associations has happened frequently in many areas of China, and draws the attention of researchers again. This thesis adopts the view of custom, and research approaches, such as history, demonstration and comparing, etc. aim at to Discuss Chinese Money-loan Associations, and to explore the relationship between the status of the custom and the state law of our country.In the first part of the thesis, it talks about the concept, the operation mechanism, historical and contemporary records of Chinese Money-loan Associations. In addition there are some introductions about the similar custom and its development in other countries, and the description of historical and realistic status of Chinese Money-loan Associations.In the second part, to probe into it as a kind of custom; to discuss its relation with state law, to compare it fixed situation in different areas' and country's state law. To Point out that under the legal system of our country, Chinese Money-loan Associations still has its living space in state law, although it is denied probability.In the third and the fourth parts, there are some analyses in the judicial practice, how judges treat it. and Analyses the similar situation of Taiwan and Hong Kong in the third part; and to discuss Chinese Money-loan Associations in TongZhou city in the fourth part; and to Point out that according to the realistic angle, in the judicature and law enforcement, it is acquiesced by the state law; It is the relation between custom and state law in actual aspect.Finally, in the fifth part, it uses the jurisprudence knowledge to summarize the relation between custom and state law. At the beginning to Point out those Chinese Money-loan Associations has its own value, although it has dual characters. Chinese Money-loan Associations needs affirmation of the state law with tradition external authoritative disappearance. In the end to Analyze the interaction orbit between the custom and state law, even Thought this orbit is a benign interaction mode between the custom and state law.