Analysis Foreign Affairs Criminal Cases Of The First Special District Court Of Shanghai In 1940

Shanghai which rents boundary period is the most complicated place in China at that time. During the period of World War II and Sino-Japanese War, Shanghai rented boundary act as a special role with its special political position. Two kinds of civilizations collided here. Shanghai became the main battlefield of Chinese thought idea, the modern present generation doctrine, communism, Chinese Principle of nationalism showed up here successively, looting Chinese thought realm, and then influencing the whole inside country.Public rent boundary as the biggest of Shanghai rent boundary played a important role in the history of Shanghai history and the world. At that time rented boundary not only was an implement of foreigner at China, but was the shelter for the refugee from all over the world. The ambiguity political position is unclear, which made it become an international fly ground. A great deal of foreigner came here. 20 countries got the consular jurisdiction after Opium War, 5 among those gave up a consular jurisdiction because of local coup and the reason of the World War I, 15 rest nation's scramble for advantages in just more than 49,000 acres in Shanghais, no more than 33 square kilometers.Although the Chinese government take back parts of judicature in Shanghai publicly rent the boundary after 1927, establishing Chinese temporary court to apply Chinese law and judged by Chinese judge---- the First Special District Court of Shanghai. However under the complicated circumstance, this kind of power's taking back was formally. This text chose 305 foreign affairs criminal cases judged by the First Special District Court of Shanghai in 1940 which hides in Shanghai Archive, and analyses to reappear public rented boundary at that time.The article is constituted by introduction and 4chapters.Introduction part's carried on elaborating the purpose of article, the reason to select the object, and the definition of object. There is three parts, the first part introduced origins and development of public rent boundary, emphasized discussed the position of public rent boundary and the function of it in China. The second part introduced reason why select the First Special District Court of Shanghai. The third part told why select the time of 1940 years and foreign affairs criminal cases.Chapter 1 of text, analysis and discuss the 305 cases. Mainly from the total circumstance of case, the litigation corpus, crime corpus, defense counsel participations, and the crime circumstance carried on inducing and tally up. And contact the social political background and history. After inducing and tallying up, I made the conclusion.Chapter 2 analysis the other criminal question of the 305 cases. And elect 4cases that has special features to carry on a discussion to reappear the then judgment technique and verdict special features.The article is part of in chapter 3, from history of lengthways with horizontal angle to a concern foreign affairs criminal case. From lengthways ascend with 1932 the First Special District Court of Shanghai foreign affairs criminal cases. Horizontal top with the same case from the Second Special District Court of Shanghai at the same year, analysis under different political group management establish of the difference of Chinese court.The last part chapter 4 of article, by the study to the above problem. The most important is the time point which takes back to "exterritoriality". Query the traditional definition of the time "exterritoriality" to take back. And stand that the time of"exterritoriality" take back is the synchronous as consular jurisdiction.