预备立宪公会与清季商法的编订

The Preparatory Constitutional Guild and the Codification of Commercial Law at the End of Qing Dynasty

清季由绅商主导的预备立宪公会等百余个政商学团体合作编纂的《商法调查案理由书》,主要内容先后为清朝及民国北京政府采纳,且修订成为民国法律,取代前清商律。此事体现清季预备立宪时期,新兴的绅商阶层的势力膨胀以及在国家事务中的作为。在此过程中,预备立宪公会的作用尤为重要。其率先向上海商务总会、商学公会创议编辑商法草案,得到赞同后,即设立商法编辑所,负主持讨论编纂之责,并承担部分编纂经费。后又负责携编定的《商法调查案理由书》赴都禀部,以求采择。根据此案起草的《大清改订商律草案》为民国北京政府认可接受,也与该会的人脉渊源关系匪浅。

At the end of the Qing Dynasty,the explanatory document on the Inspection of Commercial Law,which was compiled by more than 100 political and business groups including the preparatory constitutional guild led by the gentry-merchants,was adopted by the Qing government and the Republican government at Peking.The document was amended to become the law of the Republic of China,replacing the former Qing commercial law.This incident reflected the expansion of the emerging merchant class and its deeds in state affairs in the period of preparatory constitution.In this process,the role of the preparatory constitutional guild was of particular importance.It took the lead in initiating the draft of the editorial business law to the Shanghai General Chamber of Commerce and the Association for the Study of Commerce.After obtaining approval,it set up the editorial office for the commercial law to chair and discuss the responsibility for codification and to undertake part of the codification fund.After that,the association was responsible for compiling the explanatory document on the Inspection of Commercial Law and then went to Peking for the adoption of the law.Furthermore,the acknowledgement and adoption of the Revision Act of Qing Commercial Law by the Republican government at Peking was also closely related to the network of the association.