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八省客长是清代重庆最具影响力的移民团体兼商人团体。他们曾经参与了大量的商业纠纷调处活动。本文利用清代《巴县档案》对于此类案例进行的研究显示:清代重庆移民团体之间的合作关系,为商业纠纷调处提供了比较有效的协调与缓冲机制,清代重庆的商品经济发展也使商业纠纷调处越来越明显地体现出遵从规则、理清事非、明确责权的独特模式。但是从八省客长调处商业纠纷的具体做法来看,这一团体并没有成为独立于地方官府进行纠纷调处的公共权威,为迎合地方官府的利益诉求而牺牲公平、正义的情况时有出现。另外,本文所研究的案例也反映出:清代重庆市场已经形成了一套多元的规则体系,将国家制定法、商业惯例、契约、官府行政命令、道德观念等多种因素有机地整合于其中,但是当这一规则体系遭遇官府操控的“潜规则”时,却往往会被后者所干扰和侵蚀。
The eight provincial patrons are the most influential immigrant groups and business groups in Chongqing in the Qing Dynasty. They have been involved in numerous business dispute mediation activities. The research on such cases by using “Baxian archives” in the Qing dynasty shows that the cooperative relationship between Chongqing immigrant groups in the Qing Dynasty provided a more effective coordination and buffer mechanism for the mediation of commercial disputes. The development of commodity economy in Chongqing in the Qing Dynasty It also makes it more and more obvious that the mediation of commercial disputes embodies the unique mode of complying with rules, clarifying things and clarifying responsibilities and rights. However, from the perspectives of the eight provinces and the governor mediating commercial disputes, this group did not become a public authority independent of the local government to mediate disputes. At the expense of fairness and justice in order to cater for the interests of the local government, they often appeared. In addition, the case studies in this article also reflect that the Chongqing market in Qing Dynasty has formed a set of pluralistic rules system, which organically integrates many factors such as national statute, commercial practice, contract, government executive order and moral conception However, when this system of rules encounters “unspoken rules,” which are controlled by the government, it is often interfered and eroded by the latter.