摘要
清代安康地区河上运输非常繁忙 ,对安康地区经济文化的对外交流与发展贡献极大。但由于地理环境的因素 ,河上运输的风险大 ,事故与纠纷频繁 ,于是安康地区河运习惯法应运而生 ,填补了国家制定法的不足。从已发掘的碑版资料来看 ,安康的河运法不仅包含有调整河运纠纷的具体规定 ,且体现出现代商事法及其特别法海商法的一些主要的原则和精神 ,颇有值得研究的价值。
The river transportation in Ankang District was very busy in Qing Dynasty contributing greatly to the economic and cultural development in the region. Owing to the special geographical factors of Ankang the shipping of goods on the rivers was very risky. Accidents were frequent producing a large number of disputes. The customary law of river transport in the Ankang District emerged as the times demanded and filled in gaps in the law of Qing Dynasty. Inscriptions on the stone tablets for Ankang indicate that these customary laws were the first concrete set of regulations for settling disputes and that these regulations embodied some important principles as well as the spirit of modern maritime law.
出处
《清史研究》
CSSCI
北大核心
2002年第4期57-69,共13页
The Qing History Journal
