Modern Rcas Study

Hehui is a kind of temporary mutual aid team of old times to circulate necessary funds. It is always organized among the relatives and neighborhood. Whenever someone is in a baldly need of money, he can invite some people from his friends and relatives to make up a Hehui. It needs only a small amount of money offered by every member to meet the urgent need of the sponsor. Then they will continue offering and circulating. Everyone in Hehui has a chance to get the funds. Hehui is characteristic of two things, one is the benefits of saving, and the other is the fiiendship of mutual help. It meets the need of Chinese people. So Hehui was much in vogue among the people no matter they lived in town or rural in the past years. The data about Hehui was first sawn in the last stage of Qing dynasty and the time of Republic of China.From the historic legislation point of view, Hehui is an economic relation on the basis of the inter-personal relations. It includes a series of specific regulations. It is a sort of civil legal relation with feature of Chinese tradition. In this thesis, I wanted to make a preliminary research on the judicial situation of Hehui which focused on the time of Republic of China and the modem time through the angle of legal culture. Simultaneously I wanted to through this microscopic angle to analyze the relationship between the common law and the national written law. The article is composed of introduction, the main text and the concluding remark. The main text includes four chapters.The first chapter is the outline of Hehui. In this chapter, I have discussed the elementary factors of Hehui, such as its historical origins, types and its manifests in customary law.The second chapter is the judicial practice of Hehui through the time of Republic of China. First, I discussed the Hehui through the eyeshot of habitude. In that way, I can set up coordinates to the various behavior of Hehui in court. Then, I analyzed the particularity and the complexity of Hehui through the analysis on four records. The varied petitions have demonstrated the folk custom and the legal practice for us. And they are also helpful to further expound how did the former commercial logic and the market economy logic twist together in Hehui. And we can see how Hehui gradually moved from the folk to the national law field. The third chapter is the legislation and judicial situation of Hehui and their evaluation in Chinese Taiwan and Mainland. In this chapter, I elaborated and evaluated the Hehui's legislation and judicial situation in Chinese Mainland and Taiwan through the analogous research.The fourth chapter is the conformity of Hehui's law. In this chapter, I discussed the need which is to bring Hehui into the civil code on the basis of the relation between common law and written law. Then, I drew the conclusion that is to realize the conformity of Hehui's law is necessary.