从商人对《破产律》的批评看清末的社会法律环境

The Social and Legal Environment at the End of Qing Dynasty through Merchants' Criticism of The Insolvent Law in 1906

1906年清政府颁布的《破产律》受到各地商人的批评与反对,不久该《破产律》被废止。从这些批评意见入手,分析当时的社会经济条件、政府的立法意图、传统商业习惯、商民的法律意识程度及执法情况等所营造出的社会法律环境,说明社会法律环境的不健全,制约着近代商法的贯彻实施。

The Oing government promulgated The Insolvent Law in 1906, which was strongly criticized and opposed by merchants all over the country. Unfortunately, however, it was soon abolished. Starting with the criticisms of merchants, the author analyzes the social and legal environment built upon the social and economic conditions, the government＇s legislative intentions, commercial conventions, merchants＇ legal consciousness and the enforcement of laws. Based upon the analyses, the author explains that the lack of a sound legal environment in a society restricts the implementation of modern business laws.