晚清时期的华洋定货纠纷及其裁处

发布时间：2019-06-02 21:04

【摘要】：晚清时期,由于西商东渐,华洋商事纠纷因之迭起。作为华洋商事纠纷主要样态之一的华洋定货纠纷,在其时比较多见的是华商由于定货不出,以致被洋商扭控到官。上海租界会审公廨在理处该类纠纷时,有时被迫仰西方陪审领事之鼻息,采曲护洋商之立场;但因定货纠纷涉及诸多商业知识,为促动纠纷早日解决,其亦常邀请同业对纠纷所涉争议之点发表意见,甚或借助于商人组织和外籍律师等社会性力量排解纠纷。而西方驻华司法机构在裁处华商控告洋商之定货纠纷案件时,无形中又确认了西方商事惯例适用的"优位性",从而使中国商界固有之定货商事惯例遭到极大冲击,并在某种程度上发生嬗变。
[Abstract]:In the late Qing Dynasty, due to the gradual spread of western businessmen to the east, commercial disputes in China began to rise one after another. As one of the main patterns of Huayang commercial disputes, Huayang ordering disputes are more common at that time, because the Chinese businessmen can not order, so they are turned over to the official by foreign businessmen. When the Shanghai concession trial Court dealt with this kind of dispute, it was sometimes forced to admire the nostrils of the western jury consul and adopt the position of protecting the foreign businessmen. However, because the order dispute involves a lot of commercial knowledge, in order to promote the early settlement of the dispute, it also often invites the same industry to express their opinions on the dispute points involved in the dispute, or even to resolve the dispute with the help of social forces such as merchant organizations and foreign lawyers. However, when the western judicial organs in China adjudicated the cases of ordering disputes filed by Chinese businessmen against foreign businessmen, they virtually confirmed the "superiority" of the application of western commercial practices, thus greatly affecting the inherent commercial practices of the Chinese business community. And to some extent has evolved.
【作者单位】：福州大学法学院;
【基金】：笔者主持的2011年度国家社会科学基金资助项目“晚清华洋商事纠纷”(批准号:11FZS027)阶段性成果
【分类号】：D929

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