清末民初商事习惯的特点及其与商法的关系——以商事习惯调查报告资料为依据的考察

On the Characteristics of Commercial Customs and the Early Republic of China and Its Relationship with Commercial Law in the Late Qing Dynasty

清末民初各方面力量组织进行了民商事习惯调查活动,从留下的调查报告资料可以看出当时商事习惯的一些特点,如深受中国社会经济政策和传统文化影响、各地商事习惯千差万别、具有保守性和滞后性、重情理而轻责任约束等,也反映出商事制定法与商事习惯之间的种种关系,如商事习惯对制定法的补充作用、两者有相互脱节甚至冲突之处以及相互影响制约等等。

In the late Qing Dynasty and the Early Republic of China, a survey on the commercial customs had been done from which characteristics of commercial customs of that era can be seen, for example, commercial customs were deeply influenced by economic policies and social customs of that time ; commercial customs varied in different places; commercial customs usually lagged and laid too much emphasis on common sense rather than responsibilities or duties. The relationship between commercial customs and commercial laws, such as the complementary role of commercial customs on commercial laws, loose or even conflicting against each other as well as interaction of each other, were also revealed.