晚清中国商业行会对洋商的“停交”抵制活动——基于经济和法律的视角

晚清时期,在中西商贸领域,频频出现由华商商业行会倡导的对洋商的"停交"抵制活动.该种抵制活动,通常源于洋商破坏商事惯例及交易则例、赖欠货款、欺行霸市等损坏华商利益的行为,有时也因华洋商人分割市场、侵夺商利的市场竞争而起.它其实是一种扩大化的华洋商事纠纷形态,在特定历史背景下也成为华洋商事纠纷的一种独特解决路径.而其在中西商务交往过程中的实践和运作,从经济层面来看,是当时中国被强行融入资本主义世界经济体系过程中华洋市场仇恨的一种表征;从法律层面来看,则是中国商人藉本土商事习惯法与洋商进行斗争的一种自救行为.

On the boycott advocated by Chinese commercial guild to resist foreign traders in the period of late Qing:based on economy and legal angle

In the period of late Qing, the boycott advocated by Chinese commercial guild to resist foreign traders appeared again and again in the foreign trade domain . It usually were caused by the behaviors of foreign traders of destroying trading convention and the transaction rule, repudiating the loans, bossing the marketplace and so on ,which damaged the benefit of Chinese businessmen,also ,sometimes caused by the competition of the Chinese and foreign merchant dividing the market, snatching away business advantages. But it actually was one of the commercial dispute shapes that magnified as well as one kind of unique way to solve the trading disputes under the specific historical background. These practice, looked from the economical angle,was one kind of attribute the market hatred between Chinese businessmen and western traders; looked from the legal angle, was the Chinese merchants' behavior of relieving oneself on commercial common law to struggle with foreign traders too.