The Office Of The Shanghai Municipal Trial Justice. "real Remember In Civil Case Analysis

The main literature studied in this dissertation is the Judicial Records of Shanghai Local Courts ("the Judicial Records"), a periodical of judicial precedents edited by Qinglan Huang in 1912, which compiled judgments (including judgments and verdicts) of all kinds of civil and criminal cases heard by Shanghai lower courts and local courts. The Judicial Records was only published in 1912 in eight issues, each of which was composed of four parts in the order of "the Civil and Criminal Judgments of Local Courts", "the Civil and Criminal Judgments of Lower Courts", "the Civil and Criminal Verdicts of Local Courts" and "the Civil and Criminal Verdicts of Lower Courts". This dissertation focuses on the civil cases in the Judicial Records, for the purpose of probing into the judges'grounds of decision and psychological appeals while studying the contents of specific documents.This dissertation has four chapters. ChapterⅠgenerally introduces the background and value of the Judicial Records, gives a summary review of the judgments and verdicts in the Judicial Records, and states the research scope, research methods and the fundamental foothold of the author. ChapterⅡspecifically studies the civil judgments in the Judicial Records, which firstly concludes an overall impression from the statistics of case numbers, and then illustrates the characteristics of case contents and the psychology of judges by categorizing these cases into Land and Building, Debts, Family and Marriage, Succession and Other Classes. In ChapterⅢ, the author emphasizes on the sources of the law in the Judicial Records, which firstly analyzes the meaning of "sources of the law", and then, according to statistics and examples, amplifies on the sources of the law referred to in the Judicial Records in the order of Law, Practice and Reason. In ChapterⅣ, to theorize this dissertation, the author probes into the legal consciousness and value appeals of judges when they brought in the modern west judicial spirit, by starting form the qualifications of judge candidates and combining the judicial principles reflected in the Judicial Records such as the freedom of contract and bona fide etc.The fundamental foothold of this dissertation is the Judicial Records, whose time feature is vital to its special research value. Consequently, it is also necessary to refer to other research on the judicial system of late Qing Dynasty, so as to discuss the emergence, changes and extinguishment of all judicial systems in the special period of China. In this aspect, comparison is another important research method of this dissertation besides annotation. The fundamental purpose of this dissertation is "to learn from the history", that is, to provide a better guidance on the judicial practice by comparing the judicial conditions of late Qing Dynasty with the current judicial reforms.