The Study Of Chamber Of Commerce Deciding Cases In Modern China

Why "merchant court" has been able to play its irreplaceable role at the late ofQing Dynasty? The answer is the Chamber of Commerce itself, it be provided withthe social intermediary organizations in modern society. It has a truly autonomouswill of the interest groups. and "merchant court "be able to operate effectively, is notfor violence tools. because the equal among the members of the network of contactsinside the Chamber of Commerce. It was built in such a network of the Chamber ofCommerce.the "merchant court" in the Chamber of Commerce members sometimeseven more than the formal authority of the court.If the recommended action, a large number of civil disputes can resolve incommunity courts, this thesis research "merchant court"(this study defined as a"merchant court", the same below) archives finding commercial disputes have greatpractical significance on the end of the Qing. The topics in the legislation based onthese specific historical documents, but also on the following question:1, the judicialpower, whether or not necessarily for the state monopoly.2, people and socialorganizations within the scope of its capability to self-Secretary The law has the legallegitimacy, and in-depth legal discussion. To study the primary social governance tosafeguard the legitimate rights and interests of citizens and maintain social andpolitical stability and promote each other mechanism.The first chapter introduces the reason why the late Qing Dynasty set theorganization of the Chamber of Commerce.In the late Qing Dynasty, especially the early republic of china, the Government has gradually changed the negativeorientation of the settlement of commercial disputes, government resources,especially a serious shortage of judicial resources, still unable effectively respond tothe development of commercial matters. Official always think the commercialdisputes too delicately and deal with it as "trifles", and not resolve the commercialdisputes quickly and effectively; and civil mediation, although it access to certaindisposal, but because it does not have the authority of the autonomous bodies ingeneral, still can not afford the reconciliation task. Faced with this dilemma, the lateQing and early Republican government therefore gradually given the power tobusinessmen, chambers of commerce began to resolve commercial disputes.The second chapter looks up the first-hand documents, analysis of the modernChamber of Commerce organizations, evolution path and operation of the mechanism,which is also the basis of the study of the topics. In addition to the detailed descriptionof the institution of the Chamber of Commerce in handling commercial cases to thecouncil at the management case at the Commercial Court, the final shape "commercialumpire at merchant court.The third chapter studies the members of the selection system in the Chamber ofCommerce of the organization. A system or measures be carried out, the mostimportant form is system or measures itself can meet the basic interest of groups; thesystem is the "consent" by members of the group. This chapter through analyst lot ofdocuments of Suzhou, Shanghai Chamber of Commerce, finds that the electoralsystem with modern features in modern China is not the first in the political areas oflife, but took among the new civil Trade and Industry Associations-Chamber ofCommerce. This is also the merchant court's can obtain credibility, it is an importantreason.The fourth chapter through analysis a lot of case of Suzhou, Shanghai Chamberof Commerce analysis the specific circumstances of the case in which Chamber ofCommerce management, main empirical analysis research pre-trial,preparation trialand adjudication of concrete, and proposed some legislation is based on acomprehensive discussion of the specific historical, then the Chamber of Commerce cases can always coincident with the procedural law of the basic principles andregulations, which is the reason the case behavior is defined as the "court" behavior ofmost of the major reasons, but also the most important basis of this article arguments.The fifth chapter analyzing the historical background, operational procedures(including staff elected) and empirical determination of modern Chamber ofCommerce. this chapter analyst why the smooth operation of the Chamber ofCommerce, and what is the logic in support of this study period, which uses borrowedthe theory of multi-disciplinary analysis tools to interpret the end of the QingChamber of Commerce management case can be similar to the official, the underlyingcauses of the modern court the effect of material violence. Finally, managementorganizations encountered The plight and the historical fate made a brief combing.In conclusion, in addition to reiterate the views expressed in the chapter, wefurther explained why the Chamber of Commerce made a finding of the underlyingcauses of the effectiveness of the national court. The law is a relatively high socialcost of governance, many empirical studies have revealed that excessive dependenceon legal and other formal Substances Control forces, in many cases, and can not getthe best legal effect, and even cause existing social relations of the disorder; on thecontrary, if the law can make full use, or to guide the non-formal social autonomicnetwork specification, you can not only reduce the cost of law enforcement, alsoprovide a better regulatory governance. Therefore, the country's legal system in thepublic interactive exchanges and personal property rights, a stable and secure andpredictable environment,"the trust is entirely possible through repeated interactionsof rational individuals and naturally occurring."...