信任与秩序--对当代民间合会的法理剖析

Trust and Order:Legal Analysis on Modern Rotating Savings and Credit Association

民间合会作为一种传统的互助融资形式曾经广泛流行,在今天依然存在甚至活跃于中国沿海的某些地区。发生于现代市场经济条件下合会成员间的信任关系仍然是一种丰富的社会资本,在社会转型中发生的倒会现象并不能简单地归结为信任文化的断裂,相反,根基于传统与习惯的信任文化在现代市场经济条件下,有可能成为网络型治理模式的制度资源。在法治原则下,通过实行特殊型合会登记对当代民间合会进行必要的法律规制,从而建立起民间习惯与国家法律互动的制度途径。

As a traditional form of fund raising, Rotating Savings and Credit Association （ROSCA） still exists in some of China＇s coastal regions. Trust among the members of ROSCA in the context of modern market economy represents rich social capital and the breach of the trust in ROSCA during the transitional period cannot be simply attributed to the fracture of the traditional culture of trust. On the contrary, the trust culture, rooted in tradition and custom, may serve as institutional resources for network governance in modern time. In view of the fact that existing regulations on ROSCA are not explicit enough to establish its legality, it is proposed that registration of Special Mutual Fund be introduced to regulate ROSCA and to build an institutional channel between traditional folk custom and modern state law.