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当前商会史的研究已成为一门显学,但笔者以为当前商会史研究中也存在较大的问题。笔者反对脱离商会内在职能及实际运作仅凭政治化的活动及舆论表达来推理出商会与官方处于一种紧张对立的关系这样的规范性认识。调解处理商事纠纷是商会重要职能之一,民初商事公断处乃是商会依据官方章程设立的理案组织。在本文中笔者以商事公断处为个案,从商会的理案职能入手来研究官商之间的合作与互动。本论文共五章。在导论中,笔者提出了当前商会史研究中的问题并论述了本文的研究概况及研究思路。第一章研究了商会商事裁判的历史发展脉络;第二章从章程、组织两个方面研究了苏州商事公断处的成立;第三章研究了苏州商事公断处的理案概况,从中反映出官方司法与商会公断的良性互动甚至互相依靠,互相依存(互生)的关系;在第四章中笔者从商事公断处的理案依据的角度研究了商事公断处的具体运作,无论是商事公断处还是商人商事公断均主要依赖商事习惯,以息讼和平为宗旨。在第五章中,笔者通过民初商会关于商事裁判权的舆论表达的研究证明,尽管商会对修改商事公断处章程扩充商事公断处权力有诸多舆论方面的诉求,但总体而言,商会的舆论表达十分强调商事公断处的辅助司法之地位,在实践中也的确如此。在个案研究的基础上,放开视野宏观地来研究商事公断处,笔者认为商事公断处是民初司法现代性变革中可利用的一种社会资源。这种有效的社会资源不仅体现于商事公断处理案中对商习惯的倚重,亦在于商会附设商事公断处这一组织本身。而商事公断处的成立及有效运作正反映了现代性变革中正式司法组织对既有社会资源的吸纳。这不仅有利于官方的法律治理,对商人商会而言亦具有现实意义。
The current history of chamber of commerce has become a significant study, but I think the current chamber of commerce history there are also major issues. The author objected to breaking away from the inner functions and actual operation of the chambers of commerce. Only based on politicized activities and expressions of public opinion, he reasoned out the normative understanding that chambers of commerce and officials are in an antagonistic relationship. The settlement of commercial disputes is one of the important functions of the chamber of commerce. In the early years of the Republic of China, the Commercial and Commonwealth Office was a case organization established by the chamber of commerce in accordance with the official articles of association. In this paper, the author of the case of commercial off-breaking case, starting from the chamber of Commerce case function to study the cooperation and interaction between officials and business. This thesis consists of five chapters. In the introductory remarks, the author puts forward the problems in the study of the current chambers of commerce and discusses the research overview and research ideas of this paper. The first chapter studies the historical development of commercial judgment in the Chamber of Commerce; the second chapter studies the establishment of the Commercial Commercial Brokerage Office in Suzhou from two aspects: the charter and the organization; the third chapter studies the general situation of the Commercial Brokerage Office in Suzhou, In the fourth chapter, the author studied the specific operation of the CFO from the point of view of the case premise of the CFO, whether it is the CFO or the interdependence (interdependence) Merchants commercial arbitrage are mainly dependent on business practices, with the purpose of litigation and peace. In the fifth chapter, the author through the early commercial chambers of commerce on the commercial jurisdiction of the media expression of proof shows that although the Chamber of Commerce to amend the Commercial and Commercial Corporations Articles of Association to expand the power of the Commercial Office has a lot of public opinion demands, but overall, the Chamber of public opinion The expression of emphasis on the position of subsidiary justice in the CFO is also true in practice. On the basis of case studies, we open the field of vision to study the Commercial Office in a macro manner. The author believes that the Commercial Office is a social resource available in the transformation of judicial modernity in the early Republic of China. This effective social resource is not only reflected in the reliance on business practices in the case of business offenses but also in the organization of the Commercial and Commonwealth Office attached to the Chamber of Commerce. However, the establishment and effective operation of Commercial Break Offices reflect the incorporation of official judiciary into the existing social resources in the reform of modernity. This is not only conducive to the official legal governance, but also to the merchant chambers of commerce.