The Research Of Shanghai Special Court In Shanghai International Settlement

This Dissertation mainly explore Shanghai Special Court (later renamed as "Jiangsu Shanghai First Special Court") in the Shanghai International Settlement, and probe into the basic operation of the Special Court, trials, as well as the issue of jurisdiction in the course of the operation of the Special Court in Shanghai International Settlement.Research methods, this article uses a large number of first-hand historical data as the research object, through the empirical analyzes method, from the existing historical data to find out the general laws of the Special Court to conduct basic research.In the narrative structure, this article focuses on the Special Court, sub-sections on the Special Court to conduct special studies.In addition, this article studies the process of historical development is not out of context, out of the continuation of history, but rather on the Special Court the course of history in the research, a system is not a single generation, the form of a body can not escape some historical background, so in this article, but also on the Special Court predecessor - Shanghai Provisional Court a brief discussion. In view of the above, this article includes introduction to writing research, body, and conclusion of three parts.The commencement of any subject requires some research motivation, introductory part of the first motivation of this research to explain, and then to define the scope of study, and then highlighted the status of academic research in related fields, we end up writing this article thinking, research methods and writing of data is based on introduction here.In the body section includes six chapters. As follows:The emergence of any system are not independent, this first chapter briefly introduces history of the adjudicating body in the Shanghai International Settlement, including the origin and development of the International Settlement, the International Settlement History of the judiciary.Especially the International Settlement where the evolution of judicial focus of this chapter, it is because of the existence of the International Settlement within the consular jurisdiction, judicial sovereignty has been seriously damaged, while the International Settlement of all kinds of judicial and everywhere has been damaged to such judicial sovereignty impact of more serious concessions continue to have the whole process, concession in jurisdiction has been severely damaged, the right to recover the judiciary and the fight is the existence throughout the concession period, the most important acts of sovereignty.The second chapter discusses from the courts of the SAR's predecessor - Shanghai Provisional Court, although from the appearance point of view, Shanghai Provisional Court and the relationship between the courts of the SAR does not seem so close, but precisely because of the temporary establishment of the Court Mixed Court was originally made for the illegal invasion and occupation of the jurisdiction to be legitimized by law.This result makes the actual results of the provisional court of justice, causing substantial concessions back.But may I say, it is this judicial step backward, and aroused the circles'of the society strong dissatisfaction with increasing demands for independence of the judiciary and ultimately contributed to the establishment of the Special Court.Our courts have been set up with temporary formed on the basis of the court, and therefore the analyzes of the Court is necessary.This chapter is divided into three sections, section I, on the provisional establishment of the Court.The temporary court based on the Mixed Court was established, even though the results on the temporary court Mixed Court jurisdiction to legalize the illegal possession, but the establishment of the negotiations process is to concentrate all the complex twists and turns, from the research process of the temporary establishment of the Court, you can see different periods of the Governments'approach to jurisdiction.Section II is devoted to the to conduct research in this study, and focused on the issue from the concept of pre-trial joint trial were studied.Section III is designed to analyzes jurisdiction on the Shanghai Provisional Court.Chapter III analyzes the basic issues of the Special Court, this study mainly from the Special Court to proceed with internal and external in three sections First section "the process of the establishment and the legal basis of the Special Court ", this section focuses on tortuous legal process of the establishment of the Special Court, and the Chinese Government's attitude to insisting on jurisdiction.In addition, analyzes of the SAR also focused on the legal basis for establishment of the Court, namely, , this agreement is the legal basis for the establishment of the Special Court. This section not only explains the Agreement, but also compares with the previous chapter < Provisional Act of recovery of public concession in Shanghai Mixed Court Interim Constitution>, to analyzes and work out the discrepancies between these two legal documents, the conclusions is the Special Court makes progress than Shanghai Provisional Court, in the judicial jurisdiction independent.Section III is from outside the Special Court to explore the position and influence of the Special Court in the International Settlement's.Chapter IV is the focus of this article, it mainly studies the trials of the Special Court.This chapter includes four sections, that is, the Special Court's legal application in the trials, the Special Court the trials of the year 1930, ,the Special Court in criminal cases of foreign-related research, the Special Court the case study of marriage and family in 1940.In the process of running the court, the trial was its major work, through the trials and systematic of case studies, we can fully understand the Court's basic operating conditions.Chapter V focuses on censorship of the Special Court. During the period of the Republic of China, implementing "Inspection Offices trial" system, the prosecution and the judicial set up in parallel within the Court, however, the Special Court established under the agreement, the privileges are strictly limited the Court's prosecutorial power whether the Court's prosecutorial power to the exercise of the SAR?In the exercise of the process of how the restrictions by the research focus of this chapter, this chapter mainly consists of two sections, section I is an overview of the Special Court of censorship, section II the main issue of contention on the Special Court of prosecutorial power.Chapter VI analyze jurisdiction in the Special Court by the case study method.Settlement within the jurisdiction of the battle from the Mixed Court, the provisional courts have been extended to the courts of the Special Court.jurisdiction is constantly restructuring of the establishment of new courts, one of the important reasons, the Chinese government to maintain as much as possible within the jurisdiction of the concession, but concession authorities will not easily give up the law through various means to grab power, the Chinese government in terms of law right is a sovereign part of the authorities of the concessions in terms of legal rights is to safeguard their vested interests in the concession weapon, by law the right to compete for the process of research, you can see both sides of the counter-balance forces.This is after the establishment of the Nanjing national government's performance on foreign policy independence is also reflected in the Anglo-American colonists in the Far East colonial change of strategy, a small jurisdiction is the world's political structure embodiment of Rapid Change.This chapter has three sections. Section I estimates that the Special Court jurisdiction dispute, the second and third case by case analysis, reflecting the perspective of the International Settlement of the dispute over jurisdiction in order to point to an area typical.ChapterVII is conclusion.Through the earlier chapters of the Shanghai International Settlement the basic system of the Special Court, the trial situation, legal rights struggle of observation and analysis, can be found, the Special Court, as the Chinese government set up in the Shanghai International Settlement the first Chinese courts, although included in the Nanjing National Government the judicial system, but because of the Special Court located in the concession among the special geographical environment, the legal basis for the establishment of a special time, special external environment determines the Special Court the inevitable concessions with a strong color.But in the course of the operation, the Special Court, which insists on legal rights, in order to safeguard judicial independence, has played an irreplaceable role.