| 英文摘要 |
In traditional Taiwanese legal literature, usury has never been a research priority for a long time. The analysis of the prohibition against usury in the earlier text rarely asked what the interest really is or where the interest rate came from, or why it is allowed by law to take interest in a certain amount. This question is important for punishment of usury, because although criminal law prohibits usury, still tolerates interest-taking. In order to find out the answer to the above question, it is essential to go a step further in discovering and investigating the history of the prohibition of usury and the explanations of the origins of interest and interest rates in economic literature. In fact, from the history of the prohibition against usury, we can know that interest-taking has had a long history in the process of human civilization development. The Purpose of the prohibition against usury is to keep the fair price and to prohibit the exploitation. Therefore, it can be concluded that the protected Legal interest is the prop-erty of the victim in the case of usury. The analysis of the economic literature on interest and interest rates shows that the concept of the fair price is extremely abstract. So drafting the offence with the abstract strict liability is a reasonable measure. In consideration of the feature of the property and the abstract strict liability offense, the minimum clause is necessarily to be used in the case of the credit lender. When delimiting the conspicuous disproportion, two German calculation methods may for Taiwanese practice possibly be used as a good reference. |
