转型经济中的“新”与“旧”--20世纪30年代江西河口镇银钱业讼案研究

The Old and the New in Transitional Economy:Research on the Lawsuit of Banking Industry in Hekou Town,Jiangxi Province in the 1930s

江西河口镇位于赣东北,清末民初是江西四大名镇之一。本文考察的银钱业讼案,发生在该镇的福利银行与益源钱庄之间。一般认为银行与钱庄分属于“新”“旧”两个阵营,两者由此呈现出从传统到现代的单向度线性关系。然而本案中银行和钱庄的关系并非上述这般泾渭分明。讼案两造生存于同一个地方小市场的生态中,从事雷同的业务,竞争中又不乏合作。外部商业气候的骤变,对双方同样致命。在略显长的诉讼过程中,中国转型经济中新旧杂的复杂面相得以集中呈现,钱庄试图以《公司法》等现代标准挑战银行的合法性和“现代性”,而银行也无法摆脱过往钱庄的诸多特点。该讼案从微观层面揭示出中国式资本主义的运行实态、中国金融业中的新旧杂诸面相,以及由此引发的旧矛盾与新问题。

Hekou Town is located in the northeast of Jiangxi Province.It was one of the four famous towns in the late Qing Dynasty and early Republic of China.The lawsuit of banking industry examined in this article involved Welfare Bank and YiYuan Native Bank in Hekou.It is generally believed that native bank and bank belong to camps of the old and the new respectively,thus presen-ting one-dimensional linear progress from tradition to modernity.In this case,the relation between them was not so clear-cut as above.Since both sides in the law-suit lived in the same local small market and engaged in the similar business,the relation between them was not only competitive but also cooperative.Abrupt changes in the general business atmosphere were equally fatal to them.The slightly lengthy lawsuit well presents the complex facets of entanglement between tradition and modernity.The native bank used modern standards such as The Corporation Law to challenge the legitimacy and"modernity"of Welfare Bank,while the bank inevitably inherited many features of the traditional native banks.On a micro level,the lawsuit reveals the operating states of Chinese capitalism,a hybrid of the old and the new in China's finance,and the resulting old conflicts along with new problems.