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本文以商事裁判权为中心考察了民初商会舆论的问题。笔者认为在民初商会舆论有力扩张的背景下,为加强商会的商事裁判权,商会舆论的表达集中在两个方面:一是修改官方所规定商会的正式商事裁判组织——商事公断处的章程并扩充其权力,二是成立商事裁判所等组织。但在实践中,商会舆论本身也强调商事公断处的司法辅助地位,在商事公断处的实际运作中也的确如此。
This article examines the issue of public opinion in commercial chambers of commerce in the early days of commercial jurisdiction. In my opinion, under the backdrop of the strong expansion of commercial opinion in the early period of the Republic of China, in order to strengthen the commercial jurisdiction of chambers of commerce, the expression of opinion in chambers of commerce focused on two aspects: First, to revise the charter of the official commercial judgment organization And expand its power, the second is the establishment of commercial tribunals and other organizations. However, in practice, public opinion in Chamber of Commerce itself also emphasizes the judicial subsidiary status of the Commercial Discontinuations Office, which is also true in the actual operation of the Commercial Discontinuities Office.