论清末商会对华洋商事纠纷的司法参预

On the Judicial Participation of the Chamber of Commerce in the Trading Disputes between Chinese and Foreign Merchants in the End of Qing Dynasty

清末商会成立之后,即积极参预了对华洋商事纠纷的解决。它们或直接出面理处华洋商事纠纷,或通过在官府的要求下参加调解、为华洋商事诉讼案件的判决提供意见、代替商人申诉等途径,与官方系统形成有益的互动。商会解决华洋商事纠纷的实践活动,一方面有利于纠纷的解决并保护华商的合法权益,另一方面也对刺激当时商界的立法自觉起到了一定的作用。

In the end of the Qing dynasty, after the chamber of commerce had been established, they immediately positively participated in the solution of the Chinese and foreign merchants＇ trading disputes. They either handled the disputes directly, or formed the beneficial interaction with the official system through participating in the mediation under authorities＇ request, providing the opinions for the decisions of the Chinese and foreign merchants＇ trading lawsuit cases, appealing for the Chinese merchants, and other ways. This practice, on one hand is advanta- geous to the solution of disputes and protecting Chinese businessman＇ s legitimate rights and interests, on the other hand also stimulated the business circle＇s awareness of legislation to acertain function at that time.