清末民初商会的商事仲裁制度建设

商会这一现代性的商人组织在1904年出现以后,对近代中国的经济、政治和社会各方面都有重要的影响,产生于清末民初的现代性商事仲裁制度,是商会所带来的重要影响之一,这一制度的形成,经过了无专职机构,到商会自设专职机构,再到依法设立专职机构的三个阶段,不仅使商事仲裁制度从自由化走向法制化和规范化,使商会的商事仲裁效力和权威性逐渐提高,而且反映了商会与政府的互动关系,以及清末民初中国司法制度的现代性变革。

The Construction of Business Arbitrage System in Late-Qing and Early-Republican China

After the chamber of commerce came into being in 1904 as a modern merchants' organization, it exerted a great influence on almost every aspect of modern China's economy, politics and society. The business arbitrage system, which appeared in Late-Qing and Early-Republican China, was one of the vital effects made by it. The formation of the system went through three phases: no special administration, the establishment o: special administration by the chamber of commerce itself, and setting up special administration by law. It not only enabled the business arbitrage systems to develop from liberalization to legal system and standardization, and thus gradually enhanced the efficacity and authority of the business arbitrage of the chamber of commerce, but also reflected the inter-relations between the chamber of commerce and the government, as well as a modem revolution of Chinese judiciary system in Late-Qing and Early-Republican China.