Study Of The Shanghai International Settlement France The Right To Changes

Mixed Court, Temporary Court and Special Zone Court, three judicial entitiesthat followed one after another in Shanghai International Settlement, are the results ofthis special history, which explain the competition and transfer between Chinese andforeign powers in the judicial perspective, and witness the birth, development,evolution and return of the jurisdiction. Is there a historical law for the change anddevelopment of jurisdiction? Which power drives its change and development indifferent historical periods? The change of judicial bodies demonstrates the change ofjurisdiction. How do the judicial practitioners deal with the relationship betweenreason and power, law and benefit, and jurisdiction and imperium?This thesis, based on the review of the Mixed Court, Temporary Court andCourt of Special Zone, explores the change and development of jurisdiction in theInternational Settlement in Shanghai. With regard to the research perspectives, firstlyit reviews the birth, development, evolution and return of the jurisdiction in theInternational Settlement in Shanghai. Secondly, it analyzes its practical operationthrough case studies. Therefore, this thesis takes the development and transfer ofjurisdiction as beelines, and the analysis of typical cases as points. Through thecombination of the beelines and points of different periods, it aims at demonstratingthe plane, namely, the vicissitude of jurisdiction as a whole. The thesis consists of 5chapters, taking the following as the dividing line, that is, Mixed Court before theRevolution of 1911,Mixed Court after the Revolution of 1911,Mixed Court beforeand after the Shanghai Case, Temporary Court and Special Zone Court.The first chapter reviews the birth and expansion of Mixed Court. It interpretsthe time and space background of the birth of Mixed Court and its necessity, analyzesthe organization, jurisdiction, punishment limits and trial procedure of the MixedCourt according to the texts of"The Trial Constitution of Pidgin",points out thepower expansion of the Mixed Court in its practical operation through study on themodifications of the Constitution, explores the causes for the loss of jurisdiction ofMixed Court and the Chinese people's response to it, and finally analyzes the MixedCourt problems with Cao Xirong Case, Subao Case and Mixed Court Case.The second chapter demonstrates the change and transfer of the jurisdiction ofthe Mixed Court after the 1911 Revolution. It reviews the process of the InternationalSettlement Authority's taking over the Mixed Court and the consequent situation and influence after the 1911 Revolution, comments the efforts by the government to takeback the Mixed Court at the beginning of Republic of China, points out the reasonswhy this problem is difficult to solve, study cases on the jurisdiction relations such asthe extradition of revolutionaries, the arrest of Xiong Xiling and the jurisdiction ofGerman in China, and finally exposes the actual operation of the Mixed Court after itis taken over by the International Settlement.The third chapter deals with the jurisdiction transfer before and after theShanghai Case in 1924. It reviews the transfer of the jurisdiction of the Mixed Courtthe year before 1924, then turns to the period after the Mixed Court is taken back afterthe Shanghai Case, and then analyzes the interactive relation between May 30^thMovement and the return of the Mixed Court. Thereafter it comes to the conclusionthat the Shanghai Case provides a good opportunity to settle the Mixed Courtproblems which has caused unsettled cases for a long period of time. Then it reviewsthe investigation by the international judicial investigation team on the Mixed Court.Through the analysis of the Student Case and the trial of Wang Yunwu and GuoMeisheng during May 30^th Movement, it points out that the upmost benefits for theinternational settlement lie in the stability of system and the security of jurisdiction.The fourth chapter discusses the Shanghai Temporary Court and its jurisdiction.It reviews the birth of the Temporary Court from the Mixed Court, interprets the textsof the Temporary Constitution, analyzes the organization, jurisdiction, trial processand applicable laws of the Temporary Court, and thus discloses the jurisdictionproblems of the Temporary Court. Finally it studies certain cases concerning thejurisdiction of the Temporary Court during its practice, especially the sociallyinfluential Lu Xing Deposition Case during the Temporary Court time.The fifth chapter reviews the jurisdiction of the Special Zone Court. It reviewsthe foreign and Chinese talk over the restructure of the Temporary Court and theestablishment of the Special Zone Court, interprets the texts of Accord of the ChineseCourt concerning Shanghai International Settlement and demonstrates the positiveachievements by the Special Zone Court's taking back the jurisdiction, analyzes thejurisdiction problems with the Special Zone Court and the reasons why thejurisdiction is unable to be taken back completely. Finally it studies the cases of theSpecial Zone Court Transfer and Niu Lan Case, etc., interprets the jurisdiction relationbetween the Chinese and foreign sides in the Special Zone Court, and exposes thebeneficial rules under the jurisdiction relations. Through the above study, along with the review on the development ofjurisdiction transfer, it is concluded that during the jurisdiction transfer from theMixed Court to the Special Zone Court, there are both positive and negativeinfluences. It plays a positive role in Chinese law concepts and law system andmeawhile it causes the failure of the national jurisdiction in the internationalsettlement and more disputes than harmony between China and foreign powers on thejudicial platform. The more worthwhile problem however is the law, impetus andnature of the jurisdiction transfer. Therefore, it concludes that the transfer ofjurisdiction follows certain laws, which are the change of time and the objective needsfor its birth. The transfer of the jurisdiction is reflected in the international settlementauthority's dealing with the relations between reason and power, law and benefit,jurisdiction and imperium, thus exposes the nature of the jurisdiction transfer, namelythe international settlement authority's follow of the rule of reason giving in to power,law to benefits, jurisdiction to imperium. In a word, it has to meet the objective needsof the whole benefits of the international settlement.