This dissertation is a study of Chinese commercial law and practice in the late Ch'ing era (1842 - 1911). Part I examines analogues of "commercial law" in Chinese and Western jurisprudence, the historical development of relevant Chinese legal concepts, and the institutional background. Special attention is paid to the administration of justice by local institutions and to the functioning of informal institutions, such as the guild, clan, and gentry.

For generations, Chinese commercial law has remained obscure to western analysis because of the preponderant penal nature of the traditional Chinese legal codes. Part II makes a detailed analysis of the main sources of commercial law including the Ch'ing code (Ta ch'ing lu li), clan and guild rules, and the customary law. Besides the Ch'ing code, the major types of materials used to analyze the Ch'ing private commercial law are the guild charters and the customs found in the Japanese compilation, Taiwan shiho (Private Law of Taiwan). Analysis focuses on provisions dealing with the following commercial transactions and problems: sales, redeemable sales (tien), loans and pawns, warranty, fair competition, and risk of loss. Special emphasis is placed on local customs and commercial practices in governing sales and redeemable sales.

Part III deals with the dispute resolution process in commercial matters. Using the extensive Tanshui-Hsinchu Archives (Tan-hsin tang an) as the major source, fundamental causes for legal problems and disputes arising out of agreements are discussed and statistical studies are made. The archives show us the following distinctive steps required in the dispute settlement process in Taiwan: petition; assignment of the case; magistrate's action; trial and fact finding; and judgment. At each step, the significant characteristics, legal documents and forms, and key personnel involved are described in detail. Statistics are gathered and used to support the argument.

Overall, this dissertation seeks to present a comprehensive picture of the Ch'ing commercial law in theory and practice.