政府法令与民间惯行:以国民政府颁行“年利20%”为中心

A Government Decree and Social Customs : The Case of "Annual Interest Rate Below 20% " Issued by the Kuomintang Government

南京国民政府实行年利率不得超过 2 0 %的法令 ,但这一法令仅在个别地区有些微作用 ,总体来说始终处于“表达”层面 ,而无“实践”意义 ,乡村借贷在很大程度上仍受着传统惯行而非国家法律的支配 ,高利贷横行的格局一直未曾根本改变。也就是说 ,在离开高利贷农村社会经济就无法运转的历史条件下 ,仅靠一纸行政命令是不可能消灭高利贷的 ,在现代农村金融建立和健全以前 ,高利贷仍有生存和发展的空间 。

After the decree of annual interest rate below 20% had been issued by Nanking nantional government ,it was only carried out in very few areas. Generally speaking , there was not practical significance in doing it from the beginning to the end.To a great extent , the debit credit relationships were still controlled by traditional rules or the usury system,rathar than government decrees . In other words , the usurers couldn't be wiped out by an administrative order as rural economy couldn't continue working without them . Before the modern agricultural finance system has been perfected , the traditional usury will exist and supplement each other.