Legal Analysis Of The "hui" In The Late Qing Dynasty And The Republic Of China

United society is a kind of Non-governmental Economic Mutual Aid Organizations.It is composed of the “head”,the “feet” and other subjects,usually initiated by the “head” of the united society,inviting each “foot” to pay the fee,usually receiving the first payment from the “head” of the united society,and then determining the order of the united society according to the established order,grabbing lots or bidding.This paper takes <Civil Customs Investigation Report>of the Ministry of Justice and Administration of Nanjing National Government(1930)as the research object.on Legal analysis of the various unitedsociety habits involved,We are looking for the experience of non-governmental financial governance with paradigm significance.This paper is divided into five parts.The first part is an overview of the investigation of civil and commercial customs in the late Qing Dynasty and the early Republic of China.In the unified exposition of civil and commercial investigation activities in the late Qing Dynasty and the early Republic of China,the different points of each specific period will also be described in order to have a deeper understanding of the implication of this activity which has a significant impact on modern legislation and judicature in China.The second part is an overview of the habits of united society.From the origin,definition,classification of united society,the relationship between united society and lending,and the relationship between united society and several other non-governmental financial organizations,this paper explores the connotation of united society habit.Based on the practice of united society in the Republic of China and referring to the definition of united society in other countries and regions,this paper definesunited united society.The third part is the customary content of united society.During the period of the Republic of China,whether in prosperous cities or remote villages,the popularization and development of united society was quite extensive.Compared with the cities,the countryside is more prosperous.united society can be established either orally or in writing.The subject undertakes different rights and obligations in the united society.The constraints of united society can be roughly divided into two kinds in nature.One can be called "soft constraints" and the other can be called "hard constraints".The fourth part is the influence of the custom of united society on the enactmentlaw.Through the investigation of the relevant codes of the late Qing Dynasty and the Republic of China,this paper interprets the embodiment of the habit of united society in the legislation.Through the investigation of the case of Dali Court and the judicial archives of the Republic of China,we can find out the evaluation of the custom of united society in the judicial process.The fifth part is the Enlightenment of the habit of united society to the contemporary folk finance.From the perspective of the establishment of Inclusive Finance and the customary content of united society as the cornerstone,this paper explores the establishment of contemporary non-governmental financial governance system.