清代的借贷与规制“违禁取利”研究

Borrowing and the Crime of Gaining Interest Illegitimately in Qing Dynasty Abstact

中国古代国家为了限制官府与民间通过借贷谋取暴利,维护正常的社会经济秩序,保护正常的借贷关系,动用了法律的手段。明律中出现"违禁取利"的罪名,在法律上延续了前代"一本一利"的利息总量,确立了"利不过三分"的原则。清沿明制,进一步在法律上调整借贷关系,在一定程度上促进社会经济的发展。清代的借贷活动空前活跃,不仅存在着生活性和消费性借贷,也存在着生产性和经营性借贷,更存在着官吏、兵丁借贷,以及各种因官吏勒索及制度性缺陷而引起的借贷,而在"违禁取利"方面,统治者一味实施限制与打击,最终不但没有建立起他们期待的社会经济秩序,反而使朝廷失去经济控制能力,王朝的政治与社会发展受到严重的阻碍。

In order to limit officials and folk profiteering through borrowing, to maintain normal social economic order and to protect the normal lending relationship, Chinese government used legal means in old years. The crime of gaining interest illegitimately appeared on Law of Ming Dynasty, which continued the total interest amount principle that one capital should have only one interest, and established the principle that the interest rate should be defined below 33%. Qing Dynasty followed the system of Ming Dynasty, further adjustments the borrowing relationship in law, to some extent, promoting socio-economic development. Borrowing activities of Qing Dynasty was more active than ever before, not only the existence of life and consumptive borrowing, but also existing of productive and business borrowing, in officials and soldiers borrowing, even caused by extortion of officials and system defect. The ruler always took some restricting and combating measures in aspect of gaining interest illegitimately, which failed to establish that they look forward to the socio-economic order, made the royal government lost the control of economic and even severely hampered the dynasty political and social development.