Research On The System Of Commercial Justice In The Late Qing Dynasty And The Early Republic Of China

Commercial arbitration is one of the unique dispute resolution mechanisms in the late Qing Dynasty and the early Republic of China.Abundant and accurate historical data of commercial arbitration lay a solid foundation for a comprehensive and objective understanding of the operation procedures of commercial arbitration in the late Qing Dynasty and the early Republic of China.In this paper,the judicial function of commercial affairs in the late Qing Dynasty and the early Republic of China as the research object,the comprehensive use of historical literature research method,comparative analysis and case analysis method to study its judicial function.First of all,it analyzes the social,economic,cultural and other historical factors behind the formation of commercial arbitration function.To sort out the formation,development and evolution process of commercial arbitration institutions in specific historical stages.Secondly,through the operation procedure of commercial arbitration in actual cases,the analysis of the function,characteristics,basis and execution of commercial arbitration can have a more comprehensive and profound understanding of commercial arbitration.As for the nature of commercial arbitration,this paper conducts a horizontal comparative analysis by case analysis method and combining with the relevant foreign commercial dispute settlement mechanism in the same historical period,and reviews the nature of commercial arbitration again.Finally,taking history as a mirror,through the analysis of the commercial dispute settlement mechanism in the late Qing Dynasty and the early Republic of China,the historical role of commercial dispute settlement in the late Qing Dynasty and the early Republic of China is discussed,and several suggestions with reference value for the construction of the current commercial dispute settlement mechanism are put forward.