The Comparison Of The Mixed Court Between China And Egypt In Modern Times

Mixed court is a special judicial institution under the modern consular jurisdiction system. It was set up by western imperialist powers for the interest of their natives in the colony, semi-colonial. There is little theoretical research about Mixed Court in the domestic and international academic circles and seemed to be scattered or in a mess. In addition, they are more investigated in terms of historiography. The thesis will carry on the comparison in many aspects to China and Egypt Mixed Court in terms of comparative law, so that we have better understanding in the Mixed Court and modern China and Egypt legal system. At the same time, make it serve our legislation and judicial activity. Pinned down by modern consular jurisdiction, China and Egypt Mixed Court was different in production, development, organization and contentious procedure of the court, including law application, judge status and historical role and respectively had their own characteristics. The French Mixed Court at shanghai, the Mixed Court at Hankou and the Mixed court of Amoy were all copied with the international Mixed Court so the comparison is to proceed between the Egypt Mixed Court and the international Mixed Court at shanghai. The development of china mixed courts was continuously with outsiders expanding their powers. Egypt Mixed Court pursued the highest judicial idea of law and have gained people's respect and trust. The assessor who lacked the specialized knowledge and judicial experience predominated in the mixed court of china, the judgment was often unjust. It was the Egyptian Government who appointed their judges. Their decisions which was based on the mixture of codes, usage and natural law and equity were just comparatively.As the result under the specific historical condition, on the one hand, the Mixed Courts infringed the judicial sovereignty of the invaded countries. It made their colony, semi-colony degree deepen and became the ruling tool of the western imperial powers. On the other hand it was objective to promote the judicial progress of the countries and made the legal system modern quickly.