Shanghai International Settlement Study Of The Provisional Court

Shanghai International Settlement is a concession by the British and U.S. concessions from the merger with the September 1863 merger. The establishment of concessions to China has brought great suffering, the country's sovereignty has been destroyed, other power also will be lost, which of course also includes the judicial power. Since 1845, Shanghai established place of residence of foreigners since the concession has been the practice of "East meets West sub-rule" of the judicial principle that in Western-Chinese and foreigners if there is judicial disputes took place, the defendant is a foreigner, then the foreign defendants that is to be handed over to enjoy the country's consul consular jurisdiction in accordance with its domestic law the trial, if the foreigner and foreigners dispute between the administration of justice, then the parties should be given to the respective consular referee, China have no right to interfere The. Is because the right to consular jurisdiction, so the British, the United States, France and other countries have consulates in Shanghai and set up courts to hear their own nationals to the defendant's case. However, since the 1853 uprising after the Small Sword Society, a large number of refugees into the settlements, "East meets West mixed" situation is a foregone conclusion. Shanghai International Settlement since the merger in September 1863 after the Chinese in the International Settlement trouble with delinquent to a fine if the crime of light punishment, if the crime of re-treatment will be referred to the Shanghai Road, but because of the limited capacity of Chinese concessions, as well as being a witness against the (foreign nationals) can not appear and testify, thus resulting in the material referred to many loopholes in the transfer Shanghai Road, actually a lot of prisoners had been leniently dealt with, there are a number of prisoners committing the crime after their release back concessions, allowing the International Settlement it is a headache for the authorities. To solve this problem, May 1, 1864 set up the first director of the North Pidgin Yamen, in this body, and by Chinese officials as directors, appointed by the British officials, jury officials, but because both law and order situation of the different, often contradictory, and friction, so to reach an agreement later, "is located on the ocean Pidgin officials Mixed Constitution", namely the establishment of Shanghai International Settlement Mixed Court, but with the Mixed Court of Justice fierce conflicts, national judicial power, the awakening of consciousness of independence, and China the rule of law to basically achieve modernization of the emergence of these factors, and thus with the August 31, 1926 signed the "Shanghai International Settlement Mixed Court to recover the Provisional Constitution", January 1, 1927 Settlement Mixed Court to recover at the ceremony, which was established in Shanghai International Settlement of the provisional court. This article focuses on the Shanghai International Settlement is the historical background of the establishment of temporary courts set up, operation, end, and the Mixed Court of comparison, as well as its impact, reflecting the temporary court at that time an overview of Shanghai International Settlement.This paper is divided into introduction, body, conclusion of three parts. Among them, the body is divided into four chapters.Introductory section, the author first "temporary court" time cut-off point to define, and clearly defined time frame of this study. Second, I proceed from the topics of the purpose, value and significance of the topics of the elaborate, the last author of the article and then academic studies and research related to status of elaborate and introduce sources of information used in this article.Body parts, the first chapter introduces the Shanghai International Settlement temporary court set up the background, the author from the Mixed Court jurisdiction conflicts intensified, national judicial power, the awakening of consciousness of independence, the basic realization of modernization of China's legal system in these three areas to elaborate the background of the temporary establishment of the Court .The second chapter of the International Settlement of Shanghai Provisional Court's establishment, functioning, and the end of these three areas to illustrate the history of Shanghai International Settlement of the provisional court.The third chapter describes the Shanghai International Settlement provisional court comparison with the Mixed Court to indicate provisional court and the Mixed Court difference.Chapter IV, which is the last chapter, introduced the Provisional Court of Shanghai International Settlement influence, thus reflecting the significance of the temporary court.