略论清末的商事立法

The Commercial Legislation of the Late Qing Dynasty

清末的商事立法是清末法制改革的重要组成部分,这些法律从形式、体例到内容都具有创新性,符合中国法制近代化的需要。清末的商事立法具有盲目照搬西方立法成果、脱离具体国情、应急等不足,并未发挥实际效用,但这些立法成果是此后中国商事立法的基础,在中国法制近代化的历程中具有重要的意义。

The Commercial legislation is a very important part of legal reform of the late Qing Dynasty. Those laws are creative, ranging from the contents and forms to styles, and they meet the needs of the modern legal system of China. However, it also has some deficiencies of copying western legislation, separating itself from China's reality, meeting the contingency of the time and etc. although the Commercial legislation has a little influence on China's reality because of the downfall of the Qing Dynasty, it functions as a solid basis for the coming commercial legislation of China. Shortly, it plays a very important role in the process of China's legal system modernization.