晚清民间涉外债务纠纷的调解息讼制度
发布时间：2018-09-02 07:28
【摘要】：由于法律的缺失以及中国传统的影响,晚清中国政府经常利用民事习惯来解决涉外债务纠纷,其中最重要的是调解息讼制度。这一制度是清政府主动提出并载入中外条约的,西方列强为了保证对华贸易的顺利开展也有调解民事纠纷的需要,因而调解息讼在晚清中国民间涉外债务案件的解决中得到广泛运用。对中国政府来说,调解息讼有效地避免了处理债务诉讼的困难和麻烦,减少了中外之间的贸易和外交冲突;对涉债的华民与外人来说,也免除了诸多诉讼的拖累和烦扰。但这一制度也存在难以保证公正性等局限。
[Abstract]:Due to the lack of law and the influence of Chinese tradition, the Chinese government often used civil custom to solve the foreign debt disputes in the late Qing Dynasty, the most important of which was the system of interest litigation. This system was put forward by the Qing government on its own initiative and entered into treaties between China and foreign countries. In order to ensure the smooth development of trade with China, Western powers also had the need to mediate civil disputes. Therefore, mediation interest litigation was widely used in the settlement of foreign debt cases in late Qing Dynasty. For the Chinese government, the mediation effectively avoids the difficulties and troubles in handling debt litigation, reduces trade and diplomatic conflicts between China and foreign countries, and relieves the burden and annoyance of many lawsuits for Chinese citizens and outsiders involved in debt. However, the system also has some limitations, such as the difficulty of ensuring fairness.
【作者单位】： 湖南师范大学历史文化学院;
[Abstract]:Due to the lack of law and the influence of Chinese tradition, the Chinese government often used civil custom to solve the foreign debt disputes in the late Qing Dynasty, the most important of which was the system of interest litigation. This system was put forward by the Qing government on its own initiative and entered into treaties between China and foreign countries. In order to ensure the smooth development of trade with China, Western powers also had the need to mediate civil disputes. Therefore, mediation interest litigation was widely used in the settlement of foreign debt cases in late Qing Dynasty. For the Chinese government, the mediation effectively avoids the difficulties and troubles in handling debt litigation, reduces trade and diplomatic conflicts between China and foreign countries, and relieves the burden and annoyance of many lawsuits for Chinese citizens and outsiders involved in debt. However, the system also has some limitations, such as the difficulty of ensuring fairness.
【作者单位】： 湖南师范大学历史文化学院;
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