论清朝多元化的商事纠纷处理机制及其弊端

On Qing Dynasty Diversified Commercial Dispute ResolutionMechanism and Disadvantages

运用实证研究方法,研究清朝的商事纠纷处理机制及其存在的弊端,并以此为基础比较清末商会商事纠纷理处权优势,结果表明:清末商会成立以前,清朝商事纠纷的处理已经形成了国家司法审判和民间调解的多元化纠纷解决机制,但是国家司法审判机制中存在着诉讼成本高、商人易受人格侮辱等弊端,民间调解也存在着自发性和不规范性等不足。1904年商会成立以后,政府赋予商会商事纠纷理案权,是清末政府改善商事纠纷处理机制最迅速而有效的方法之一。

The thesis is an empirical study and its aims at studying Qing Dynasty＇s commercial dispute resolution mechanism and existing drawbacks, which serves as a comparative basis of commercial dispute discretion at Cham- ber of Commerce in late Qing Dynasty. The main conclusions are as follows ： before the establishment of the Chamber of Commerce late Qing Dynasty, there had existed diversified commercial dispute esolution mechanism between the national judicial and Civil mediation, but For businessmen, national judicial is a costly and insult process, civil mediation also had some deficiencies, such as spontaneous and not normative etc. After Chamber of Commerce was founded in 1904, Chamber of Commerce owned commercial dispute discretion, it is one of the most rapid and effective method which the Qing government improved the commercial dispute resolution mechanism.