On The Foreign-Related Civil Cases Of The First Special District Court Of Shanghai

Shanghai leased territory became an "isolated island" since the native city ofShanghai was occupied by Japan in1937, when the World War II was at its climaxand the situation at home and abroad was increasingly turbulent, so that large numbersof refugees swarmed into Shanghai leased territory to evade the chaos by war andstrive for surviving. The social situation of the "isolated island" was more and moredisorderly, filled with various kinds of contradictions and in addition, different kindsof interests were mixed together and contended with each other. How could the FirstSpecial District Court of Shanghai handle it when confronted with numerous conflictsof interests in such a chaotic and complex period? How did the First Special DistrictCourt of Shanghai deal with the cases? How modernized was its legal system?The thesis consists of three parts-introduction, main body and conclusion. Thesecond part, namely, main body, is divided into four chapters.Introduction begins with the significance of the selected title of the thesis, andthen describes the value and purpose of the research. This part also presents thedefinition of "foreign-related civil cases" and a brief account of the research statusrelated with this thesis, all of which function as the foreshadowing of the main body.The first chapter explores the foreign-related civil cases of the First Special District Court of Shanghai in1940from a macroscopic viewpoint. The author gives adetailed analysis of the foreign-related civil cases from the following three aspects:general situation, cause of action and subject of lawsuit, so as to dig out thefundamental reasons of these phenomena.Chapter two presents a microscopic study of the foreign-related civil cases of theFirst Special District Court of Shanghai in1940. The author selects two kinds of mostcommon cases, such as foreign rent arrears cases and movement cases among theforeign-related cases, and analyzes the application of law, grounds of decision etc. ofthe foreign-related civil cases from a microscopic viewpoint.Chapter three presents a microscopic study of the foreign-related civil cases ofthe First Special District Court of Shanghai in1940. The author selects other twokinds of most common cases, such as foreign marriage cases and loan cases, amongthe foreign-related cases and analyzes the application of law, grounds of decision etc.of the foreign-related civil cases from a microscopic viewpoint.Chapter four offers a careful study on the three issues, that is, the format of civiljudgments and thinking of the reasons for judgment, consular jurisdiction, as well asthe comparison of the same year's ordinary matrimonial cases of the Special DistrictCourt. By means of the study, the author hopes that people could know more andbetter about the situation of the foreign-related civil cases of the Special DistrictCourt.The last part is the conclusion in which the summary of the whole thesis is madeand a further study based on above-mentioned four chapters. Specifically, themacroscopic viewpoint is about the legal system, while the microscopic viewpoint isall about the legal culture. Thus, different kinds of legal events hold out a picture ofwhich happened in the Shanghai leased territory during the World War Ⅱ.