台湾地区合会法制变迁探析

台湾地区合会法制的发展,可以其历史事件为横截面作断代性划分:日据之前、日据时期、国民党政府接管台湾、台湾地区民法·债篇修正实施。从法的渊源来说,至少在私法范围内,台湾地区合会法制的基本精神是私法自治,在无法律规定的情况下,依循习惯(法)。台湾地区合会契约的法典化,虽然从过程到结果均存在非议,但从统一司法标准、指引合会活动、保护活会会员权益、分配当事人合会风险等角度看,仍不失其成功之处,可资借鉴。

An Analysis on the Legal System of Chit(Hehui) in Taiwan

The history of the legal system of Chit in Taiwan can be classified into four stages according to the following historic events: the era of colonized by Japan, governed by the former government of Kuomintang party, codiflcation of Chit custom. The fundamental spirit of Taiwan's chit legal system is independent autonomy, especially in the realm of civil law. Under the condition of the lack of statue law, the legal resources of chit are the custom about it. Though there are some criticism on both its proceeding and outcome, The codiflcation of the chit custom in Taiwan has made some great success on the unification of the judicial criterion, the guidance of the chit action, the protection of the unapprised subscribers, the distribution of risk among the members, and so on, and we can draw some lessons from these.