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Research On The Shanghai Municipal Police And Its System (1854-1863)

Posted on:2010-07-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:1116360302957440Subject:Legal history
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Focusing on the Shanghai Municipal Police (SMP) and its system between 1854 and 1863, this thesis mainly probes into the development of the SMP's system and its operation in its earliest history since it came into being. The framework of this thesis, while not chronological, is organized by different aspects of the SMP's system and operation. This thesis comprises Introduction, Chapter 1 to 5, and Epilogue.Introduction firstly explains the research area of this thesis briefly, then gives an account for the status quo of research relating to this thesis's subject. Last, this section outlines the most important historical materials contributing to this thesis.Any system has its background under which it comes forth. Chapter 1 narrates the background under which the SMP comes into being, which including the origin of its system and the current political situation that midwiferied its birth. The system of SMP origined from the modern police system in England. To trace to its source, Chapter 1 outlines the naissance of modern police system in England and the development in its early history, and the history of old police in England. Why the modern police system was been transplanted into the English Settlement in Shanghai? The second part of Chapter 1 gives an answer to this question. As far as the efficient amse is concerned, the birth of SMP had a close connection with the Taiping Wars and the insurgence of Triads in Shanghai City. The third part of Chapter 1 depicts summarily the course of the SMP's naissance.Chapter 2 discusses the external relationship of the SMP, that is to say, those questions about what institutions in the English Settlement in Shanghai could exert their influence on SMP, and how the relationship between them should be understood. There were three ruling authorities-the Consuls, the Meeting of Renters and the Municipal Council-in the English Settlement in Shanghai, and the SMP was subject to the Municipal Council. At the very beginning of the SMP, serious power scrambles for the SMP-related matters successively happened between the Municipal Council and the other two authorities. These scrambles allow us to exploit the SMP as a useful lens for analyzing the power relationship bewteen the Consuls, the Meeting of Renters and the Municipal Council. To be sure, the Consuls were enjoying the highest ruling position among others for the government of the English Settlement in Shanghai. No matter whether it was administrative, legislative or judicatory issues for concerns, the Consuls were the leading power higher than the Municipal Council and the Meeting of Renters. Under the power shadow of the Consuls, by and large, the latter two ruling authorities comparably separated their power between legislation and administration.After clarifying the question of who controlled the SMP, Chapter three examines how the SMP was managed at that period. One the one hand, this chapter discusses the operational principles of the SMP, or in other words, its policing principles. On the other hand, this chapter describes and analyzes many internal management regulations of the SMP, including the police title regulation, the rule for internal labor distribution, ways of employment, salary regulations, the rules of employment structure, and discipline affairs. No matter whether it was the SMP's policing principles, or those internal regulations in detail, they all reflected some characteristics of English modern police to some or less extent.As following, Chapter 4 further discusses the authority of the SMP and the related activities. Among many diversified ad hoc affairs, the most important ones of the SMP's responsibilities were counter-crime and crime-control. The main focus of this chapter is concentrated on analyzing the crime-control function of the SMP. After scrutinizing the origins, the laws and the relative countermeasures of the SMP's crime-control function, this chapter assesses the performance of the SMP based on several performance criteria for modern police. Generally, the SMP performed very effectively on crime-control. Beside that, the SMP also worked on some other affairs, which gains brief discussions at the last sector.Chapter 5 concerns several important questions related with the SMP and its system. First of all, it is about the legitimacy of the SMP. The Land Regulations of 1854 was the direct legal base of the SMP's foundation. After a close examination on the legitimacy of the Land Regulation, this chapter concludes that, from its origin to 1863 all along, the SMP had no legitimate base.The second question concerns the Sino-foreign relationship expressed through the affairs of the SMP. Although the English Settlement in Shanghai was one mixed habitation for Chinese and foreigners, the Chinese settled there was regularly segregated by the West authority. Not only were those Chinese prevented from managing the SMP, but also the Chinese government could not exert its jurisdiction in the English Settlement in Shanghai. Besides that, there were some cooperation between Chinese and the Westerners on public security affair. The third question concerns the comparison between the English Settlement and French Settlement in Shanghai. Since the system of the SMP in the France Settlement in Shanghai was under constant transformation, this chapter mainly provides the historical development of the SMP in the French Settlement in Shanghai. The fourth question concerns the influence of the SMP. Caused by the resource problem, it is very difficult to present the detailed influences of the SMP's system from 1854 to 1863. Nonetheless, there is one thing for sure:the SMP was the example for some Municipal Police in other places to learn, such as the Municipal Police in Hankou and Nagasaki.In conclusion, based on the previous observation and analysis of the background of the SMP's origins, its external power relationship, internal management system, its responsibility and performance, the last part of this thesis argues that the SMP was founded under the English modern police system in the English Settlement in Shanghai. Fundamentally, it was a police institute serving for the interests of the Foreigners.
Keywords/Search Tags:Shanghai, English Settlement, Municipal Council, Police
PDF Full Text Request
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