民国同业公会与官方在盐业纠纷解决中的互动——以赤水盐船业公会档案为考察中心

The Interaction between Industry Associations and Public Authority in Settling Disputes within Salt Industry:An Empirical Study Based on Archives of Chishui Salt Shipping Industry

民国时期行业内和不同行业间纠纷的解决,主要依靠同业公会、地方政府和地方法院等多元化的解纷机制。对同业公会与官方组织在盐业纠纷解决中互动关系的考察,必须注意两者的“功能补充”之面向。以赤水盐船业公会为例,该公会扎根于行业内部,比官方组织更清楚盐运的行规习惯,更了解船户个人的生活情况及社会关系等,但其管理范围和调查能力皆有限,所作调处结果类型单一且强制力较弱。而官方组织虽有国家强制力为后盾,管理范围更大、调查能力更强,却难以随时深入行业内部探知盐运行规习惯的变迁,更难即时获取船户的个人信息和民众对裁决结果的意见。在行业纠纷解决中,同业公会实居于主导地位,而地方政府和法院仅在其无法实现功能自足的情况下提供一定的补充,两者相互取长补短、协调照应。

During the period of the Republic of China,the settlement of disputes within industries and between different industries formed diversified dispute resolution mechanisms such as trade associations,local governments and local courts.To investigate the interactive relationship between the trade association and the official organization in the salt industry dispute settlement,we must pay attention to the“functional supplement”orientation of the two.Take Chishui Salt Shipping Industry Association as an example.The association is rooted in the industry,better knows the rules and habits of salt transportation,and the living situation and social relations of the individual ship owners,etc.However,its management scope and investigation ability are limited,and the type of mediation results is single and the mandatory force is weak.Although the official organization is backed by the national coercive force,and has larger management scope as well as stronger investigation ability,it however has difficulties in exploring the changes of the industry salt operation rules at any time,not to mention obtaining the personal information of the ship owners and the publicopinions on its verdict immediately.In the industry dispute settlement,the trade association actually occupies a dominant position,while the local government and the court only provide a certain supplement when the association cannot achieve self—sufficient functions,learning from each other and coordinating in between.