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French Mixed Court Of Shanghai During The Late Qing (1869-1911)

Posted on:2018-07-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q B HouFull Text:PDF
GTID:1365330518957731Subject:Chinese history
Abstract/Summary:PDF Full Text Request
This work deals with a subject neglected by Chinese and Western historians:the French mixed court of Shanghai in the Late Qing(1869-1911),a tribunal to settle disputes between foreign and Chinese residents,on the basis of French and Chinese archives.Chapter One reviews the establishment of the court,describes its jurisdiction and staff.Chapter Two re-evaluates the jurisdictional dispute between the French Mixed Court and the Shanghai International Mixed Court in 1902,after which the French Mixed Court was recognized by the other Western powers.Chapter Three gives a detailed analysis of the judgments rendered by the court,which shows the growing but still limited influence of Civil Law.Chapter Four restores the influence of traditional Chinese justice in the settlement of disputes between Chinese in which mediation remains more important than formal judgment.Chapters Five and Six examine the criminal justice system rendered by the court in breaches of municipal by-laws by which the French Consul undertook to discipline the behavior of the Chinese inhabitants of the concession.Imposing its jurisdiction over criminal cases through the aggravation of the penalties of offenders and the correctionalization of crimes,he succeeded in reducing the intervention of the Chinese magistrates.This study aims to contribute to a better knowledge of justice in the Shanghai foreign concession,and to a better understanding of the composite elements that contributed to the modernization of Chinese law at the end of the Qing.
Keywords/Search Tags:French mixed court, mixed affaires, Chinese law, western law, Shanghai, justice, governmentality
PDF Full Text Request
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