论文部分内容阅读
清朝末年,商业纠纷逐渐构成民事纠纷中的重要组成部分。案件审理主要有两种方式,即商会独立公断和官商联合理案。在共同理案中,商会与官方组织对职责的分担存在多种情况,但最终裁判权仍掌握在官府手中。就理案所依据的规范而言,尽管清末一系列商业法规相继出台,但在实际断案中,民间习惯仍是主要依据。作为清末法律中的新领域,商业纠纷的审理无论是程序还是规范都尚处于尝试的阶段。
In the late Qing Dynasty, commercial disputes gradually formed an important part of civil disputes. There are two main ways to handle the case, that is, the Chamber of Commerce, the independent judgments and officials and businessmen jointly. In the common case, the Chamber of Commerce and the official organization share responsibility for a variety of situations, but the final jurisdiction still lies in the hands of the government. As far as the norms on which the case is based are concerned, although a series of commercial laws and regulations were promulgated in the late Qing Dynasty, folk custom was still the main basis for the actual case. As a new field in the law of the late Qing Dynasty, trial of commercial disputes is still in the process of trial whether it is procedure or regulation.