城市商人团体与商业秩序——以清代重庆八省客长调处商业纠纷活动为中心

发布时间：2018-11-01 16:40

【摘要】：八省客长是清代重庆最具影响力的移民团体兼商人团体。他们曾经参与了大量的商业纠纷调处活动。本文利用清代《巴县档案》对于此类案例进行的研究显示:清代重庆移民团体之间的合作关系,为商业纠纷调处提供了比较有效的协调与缓冲机制,清代重庆的商品经济发展也使商业纠纷调处越来越明显地体现出遵从规则、理清事非、明确责权的独特模式。但是从八省客长调处商业纠纷的具体做法来看,这一团体并没有成为独立于地方官府进行纠纷调处的公共权威,为迎合地方官府的利益诉求而牺牲公平、正义的情况时有出现。另外,本文所研究的案例也反映出:清代重庆市场已经形成了一套多元的规则体系,将国家制定法、商业惯例、契约、官府行政命令、道德观念等多种因素有机地整合于其中,但是当这一规则体系遭遇官府操控的"潜规则"时,却往往会被后者所干扰和侵蚀。
[Abstract]:Hakka head of eight provinces was the most influential group of immigrants and businessmen in Chongqing in Qing Dynasty. They have been involved in a large number of business dispute mediation activities. This paper makes use of "Ba County Archives" in Qing Dynasty to study this kind of cases. It shows that the cooperative relationship between Chongqing immigrant groups in Qing Dynasty provides a more effective coordination and buffer mechanism for commercial dispute mediation. The development of commodity economy in Chongqing in Qing Dynasty also made it more and more obvious to reflect the unique mode of complying with the rules, clearing up the matter and clarifying the responsibility and power. However, judging from the concrete practice of the eight provincial officials to mediate and deal with commercial disputes, this group has not become a public authority independent of the local government in conducting dispute mediation. In order to cater to the interests of the local government, the situation of fairness and justice has occurred. In addition, the cases studied in this paper also reflect that the Chongqing market in the Qing Dynasty has formed a set of pluralistic rules system, which organically integrates various factors, such as national laws, business practices, contracts, government administrative orders, moral concepts, and so on. However, when the system is subjected to the "hidden rules" of government manipulation, it is often interfered with and eroded by the latter.
【作者单位】：中山大学历史系;
【分类号】：F729;K297

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