高利贷治理之史鉴

高利贷是人类社会亘古自今普遍存在的现象。对高利贷惩治的历史贯穿了法制发展的过程,是法制度史与观念史从不或缺的内容。高利贷作为一种破坏社会秩序的放贷方式,在攫取过高利息的形式下,实施了对国家权力的僭越和信贷资源的控制,是对社会公平体系和经济自由权利的侵害。在当下中国,高利贷表现为权力源主导的利益差序分配,其在经济生活领域内恣肆,并且因为刑禁的缺失而导致其彻底放纵,引发出诸多社会恶果。反思高利贷各国治理历史中的经验教训,进一步完善治恶贷立法,构建中国当下的反高利贷法治理体系,是防范金融体系系统性风险的重要举措。

On Governance History of Usury and Historical Lessons thereof

Usury is an universal phenomenon from ancient times till now in human society. The history of usury punishment runs through the process of the development of the rule of law, and is the indispensable content of the institutional history and concept history. Usury, as a kind of lending method that destroys social order, in the form of grablng excessive interest, has implemented the arrogation of state power and the control of credit resources, which is an infringement of social justice system and economic freedom rights. At present, shown as the differential distribution of interests dominated by power source, usury in China is wanton in the field of economic life, and the absence of criminal prohibition leads to its complete indulgence, resulting in many evil consequences. We should reflect on the experiences and lessons in the governance history of usury in other countries and further improve legislation on bad loans to construct the governance system of anti-usury law in China, which is an important safeguard against systemic risk in the financial system.