Research On The Second Special District Court Of The French Concession In Shanghai

The Second Special District Court of the French Concession was established on ugust 1,1931.It was the first Chinese court established by the Nanjing National Government in the French Concession.The selection of judicial personnel of the court and the establishment of the court are carried out in accordance with the requirements of the judicial system of the National Government.It is a court with a modern legal system.However,due to the influence of geographical factors and historical factors,the beginning of the modernization of the court can be traced back to the period of the mixed court of the French Concession in Shanghai.The legal terms and the legal system used in the mixed court of the French Concession in Shanghai have already presented the characteristics of modern legal system,such as Plaintiff and defendant's title,defense,summons,court proceedings,public prosecution system,lawyer system,etc.the title of the plaintiff and defendant of the case,the defense statement,the subpoena,the court proceedings,the public prosecution system,and the lawyer system.The beginning of its modern justice is about 50 years earlier than other regions.However,at that time,the judicial power of the mixed court of the French Concession was completely in the hands of the French.For example,the regular of the mixed court of the French Concession stipulated that: "Both civil and criminal proceedings are handled according to the Chinese law." However,in practice,the French have adopted the French law to solve the problem of "the civil case is full of modality,or it is not prescribed by our national law,and there is also a civil law that is not suitable for the case." The lawyer in Mixed court must speak French.Even if both plaintiffs and defendants are Chinese,they must follow such a rule,and criminal lawyers are not allowed to apply for a lawyer.For a long time,lawyers in Mixed court have not appeared in other countries except French and Italian.In addition,it also applies to the regulations that discriminate against Chinese,such as the establishment of the "Park Charter" forbidden Chinese,drunken,and undressed.Such a judicial led to two results,one is to accelerate the advanced West legal system and its ideas spread in the concession,so that the begins of modernization of the legal system in the concession earlier than other area of China;the second is the loss of the judicial sovereignty of the state,the humiliation and injustice brought by it has also accelerated the awakening of the Chinese people's consciousness of recovering judicial sovereignty.The revocation of the Mixed Court of the French Concession is a victory for the Chinese people after they have experienced a long and tortuous retreat.The Second Special District Court of the French Concession is not only the result of the victory of the struggle,but also a sign of the integration of the foreign legal system and the traditional legal system.The harmony between the operation of the modern legal system and the regional development in the courts is more fully reflected in the characteristics of the modern legal system than in other courts.For example,the appointment of judicial personnel in the courts,the establishment of the courts,the operation of the judicial process,and the trials of the courts,as well as the judicial concepts presented during the trial,are everywhere to show the modernization of the court.However,under the context of social unrest,as well as the conflict between foreign colonial forces and the Kuomintang military and political forces,the court also has many problems.Through the collection and collation of the relevant archives of the court,we can understand the court's hologram and the judicial situation.The full text is divided into an introduction and seven chapters of the text.The first chapter is an introduction to the historical background of the judicial concession institutions in Shanghai.Through the description of the legal system of the public security tribunals,the general situation of the French Concession legal system before the Second Special District Court.It can be said that without these development experiences,there will be no Second Special District Court.Through the review of the legal history of the French Concession,it lays the foundation for the study of the Second Special District Court.There are three sections in this chapter.The first section is an overview of the entire development history of the French Concession trial.From a macro perspective,it tells the story from the opening of the French Concession to the formation of the mixed living structure of China and foreign,providing an opportunity for the development of the judiciary.The second chapter is the study on the establishment process of the Second Special District Court,as well as the establishment of the court department,the selection of judicial officers and the judicial operation.It is divided into three sections.The first section describes the negotiation process between the foreign affairs department of the National Government and the French consul before the establishment of the court,and the final agreement to recover the judicial power of the French person,and the analysis of the contents of the agreement.The second section describes the departmental setup of the civil and criminal separation of the court,and the administrative department that serves civil and criminal trial,and the knowledge,qualifications,and salary of the judicial personnel of the court.It fully demonstrates the modernization of the court's configuration and the preferential treatment of legal personnel by the National Government.Returning to the general environment of judicial reform during the Republic of China,it reflects the government's emphasis on judicial reform and the professionalization and elitist implementation of the judges.The third section is a description of the judicial operation process in the court.It is very similar to the modern operation mode.However,since most of the procuratorial power belongs to the patrol house,it is different from the operation mode of other local courts in the same period.Under the judicial system of trial and prosecutorial integration,the Second Special District Court has its own unique system of trial and prosecutorial separation.The third chapter is the statistics and analysis of the court trial work,and also the key chapter of the full text,which is divided into four sections for discussion.The first section explains the applicable law in the court.Since the court is located in the French Concession and the compromise of the National Government in signing the agreement,the courts apply not only the laws promulgated by the national government,but also the local regulations enacted by the French concession authorities.It does not recognize legally binding documents such as other regulations and decrees issued by the National Government.However,this is not absolute.When these laws are beneficial to French,they are still applicable.The second section selects the trial work statistics of the court in a stable period as the research object,research on the number of civil cases and criminal cases accepted by the courts,and the types of crimes and the types of crimes reflect the social structure at that time and the economic situation.The quality of the court trial is analyzed from the appeal of the case,and the changes in the trial system bring changes to the court.Finally,the comparison between the years and the comparison of other courts in Shanghai at the same time,the characteristics of the Second Special District Court itself are obtained.The third section is to select the murder case as the specific research object,analysis of the murder case,trial time,trial results,number of trials,and appeals,etc,the attitude of the court to the heavy criminal case can represent the development of the legal system and judicial concept during this period,and further understand the legal system of the Second Special District Court.The fourth section is a summary of the analysis of the trial work in this chapter.Through the understanding of the trial work,the modern legal system concept of court document production,high case settlement rate and caution use of death penalty is obtained.The fourth chapter reflects the other side of the court,that is,when the court faces "public power," its good governance function is almost lost.Through the excavation of other cases in the court,it is found that the court's justice is not as independent and fair as it is,and there is still corruption inside it,and the fact that it is controlled by the colonial power of the legal person and the party and government power of the National Government.The content of this chapter is divided into two sections.The first section is a detailed description of the dark side of the judiciary.The second section is an analysis of the causes of such a situation,that is,it has a great relationship with the extremes of the judicial reform of the National Government,the turbulent social environment,and the traditional legal concept.Chapter Five is a study of other institutions related to the court,divided into three sections.The first section is about the patrol room which is the important part of the judicial concession jurisdiction.The patrol house bears the investigation and supervision function of most criminal cases of the court.However,due to political factors,its jurisdiction is in the hands of the Consul General in Shanghai.It participates in the court.Justice,but not within the scope of the state administration.The court and related administrative agencies lacked the binding force on the patrol house.s a result,although the patrol house is to assist the judicial work of the court,with the influence of the French,there is a situation of intervention or even restraining the judicial system of the court.The second section is an introduction to the prison of the enforcement agency of the court's criminal judgment.First,it is a brief description of the history and setting of the prison,followed by a special discussion on the probation and education methods implemented in the prison.Finally,the relationship between the court and the prison is supervised and supervised.The third section is an introduction to lawyers.s an important part of judicial workers,lawyers' role in the courts cannot be ignored.s freelancers,lawyers are under the control of the National Government and they are restrained by the courts in the context of judicial partyization.t the same time,because lawyers are also high-quality legal talents,their judgments and suggestions have an important influence on the court's actions,and to a certain extent play the role of supervising and assisting the courts.The sixth chapter is about the situation after the court was robbed by the government of Wang.The whole chapter has two sections.The first section is about the environment of the courtyard and the situation of judicial personnel before and after the court was robbed by the Wang pseudo-government.The second section is a discussion of the personnel,institutions and applicable laws of the pseudo-court after the court was robbed.t this time,the function of the court to participate in social governance has obviously subsided,and it has become a criminal tool for the Japanese and the Japanese Puppet government to punish patriots.The seventh chapter is the last chapter,which is also a summary chapter.Some inspirations from the study of the Second Special District Court on the current legal system.During the Republic of China,the emphasis on judicial reform,the requirements for judges' literacy,and the promotion of high-paying ethics were both judicial independence and fairness,but they ignored social needs.lthough the judges of the courts have achieved eliteization,due to the limited number of people and the heavy workload,the judges have been exhausted when they complete the trial work.Therefore,the quality of the trial is difficult to guarantee.In addition,by contrast with other local courts,under the same judicial system,the Second Special District Court have a relatively high degree of participation in social governance during normal operation and play an important role.Therefore,it also proves from the historical point of view that the establishment of a legal state requires not only the construction of the system level,but also the cooperation of the consciousness level.In short,the experience and lessons of the Second Special District Court provide a reference for our current judicial reform.We should learn from history and promote our judicial development in a more perfect direction.