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运用实证研究方法,研究清朝的商事纠纷处理机制及其存在的弊端,并以此为基础比较清末商会商事纠纷理处权优势,结果表明:清末商会成立以前,清朝商事纠纷的处理已经形成了国家司法审判和民间调解的多元化纠纷解决机制,但是国家司法审判机制中存在着诉讼成本高、商人易受人格侮辱等弊端,民间调解也存在着自发性和不规范性等不足。1904年商会成立以后,政府赋予商会商事纠纷理案权,是清末政府改善商事纠纷处理机制最迅速而有效的方法之一。
Using empirical research methods to study the handling mechanism of commercial disputes in the Qing Dynasty and its shortcomings, and based on this comparative advantage of commercial disputes in commercial chambers in the late Qing Dynasty, the results show that: before the establishment of the Chamber of Commerce in the late Qing Dynasty, the handling of commercial disputes in the Qing Dynasty has formed a national Judicial adjudication and civil mediation. However, there are some shortcomings in national judicial adjudication mechanism, such as high litigation cost and merchant vulnerability to personality insult, etc. There are also some shortcomings in civil mediation, such as spontaneity and non-standardization. After the establishment of the Chamber of Commerce in 1904, the government gave commercial rights to commercial disputes in the Chamber of Commerce was one of the most prompt and effective ways for the Qing government to improve commercial dispute resolution mechanisms.