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商会自创办以来 ,处理商事纠纷就是其重要职能之一。清末民初以来针对商会的商事裁判权 ,官商之间形成了两种不同的法制化构想。商会主张成立商事裁判所等组织以实现自下而上的法制化 ,官方却欲改组商会原有理案组织为商事公断处以实现政府主导的自上而下的法制化 ,斗争结果则是官方占了上风
Since the founding of the Chamber of Commerce, dealing with commercial disputes is one of its important functions. Since the end of the Qing Dynasty and the beginning of the Republic of China, the commercial jurisdiction of chambers of commerce has formed two different concepts of legalization. The Chamber of Commerce advocated the establishment of commercial tribunals and other organizations in order to realize the bottom-up legalization. However, the authorities tried to restructure the original case management organization of the Chamber of Commerce to make the government-governed top-down legal system. The result of the struggle was that the government prevailed