Establishment Of The System Of Consular Jurisdiction,Expansion Of The Cause Analysis And Impact On China

Consular jurisdiction，a bit strange word for today’s society young people.beforethe founding of new China,especially in the mid-19th century to the1920s and1930s. We don’t want to bring this period of history because it brought disaster to theChinese in China with its establishment and expanding.However,advoidance doesn’tequal to forgetment. China’s legal system become more sophisticated and maturewhenwe only have to face up the history of this humiliation.The paper adheres to the materialist historians view, and examines the system ofconsular jurisdiction in China from the following sections with the historical analysis.The forst part examines the establishment of consular jurisdiction\the process ofexpansion and genetic analysis. I believe that, first of all,jurisdictional disputesbetween East and West was not initially a confromtation between the countries,butWestern businessment of the European trading campanies against the personalconduct of the late Qing government before the Opium War. However,with theintensification of the conflict of Western trade,Western powers,especiallyBritain,began to interfere directly in the way of force. Western jurisdiction disputerise to conflicts between countries,and eventually led to war in a far-reaching impacton China. Secondly, when we discusses Britain launched the Opium War and soakmotives of the consular jurisdiction,I believe that although the United Kingdom inorder to maintain the commercial interests of the opium trade factors,however, thelegal and cultural differences between Western countries and China is also anotherfactor. British privileges for the purpose of protection of personal and property safetyof overseas Chinese people.Finally, I will introduce the consular jurisdiction of theState in China according to the consular jurisdiction in chronological order with atabular format. The paper also pointed out that the consular jurisdiction expandedcuases are the results of the Western powers shared them and the late Qinggovernment’s corruptmetn and incompetentment. The second part examines the specific content of the system of consularjurisdiction. First, I classified discusses the countries in the exercise of the consularjurisdiction of institutions. Some countries, as the representative ofAnglo-American,set up the consular courts. Most countries only set up the consularcourt. Durning Civil Procedure,the amount of litigation little can be heard. Durningcriminal proceedings,minor offenses can be adjudicated, the courts only canpre-trial,final judgment will be the implementation of the Court of Appeal if the caseswere murder and other felony. Secondly, the jurisdiction cases were fell into twocategories depending on the nationality of the parties involved. The first category isthe case of foreigners, which were treated by the State of consuls involved parties inaccordance, Chinese offecials may not interfere according to the treaty signed by bothparties,the provisions of the negotiation. The second category is the Chinese andforeign mixed cases,criminal cases,the foreign defendant handed over to its owncountry and consular hearing. Civel cases were treated with conjunction if they werenot dealt by persuade. Finally,I discuss two special system of consular jurisdiction,thespecial is the Chinese people exercise legal jurisdiction only in certain areas of China.The third part examines the hazards of the system of consular jurisdiction. Ibelieves that the powers in this judicial privilege has been spread to foreignenterprises and service for foreign businessmen and comprador. Undermine China’snational industrial and commercial interests by unfair trials in foreign trade disputes.To pressure and squeeze the sinister purpose of China’s national industry through thesupport and shelter comprador in business competition.Part four of this paper examines the objective meaning of the system of consularjurisdiction. I believe that everything has two sides,include consular jurisdiction. Torecover the consular jurisdiction is just an excuse of reform amendments to the lawfor the Qing Government,and the Qing Government and some Chinese scholars ofmodern knowledge study the international law inoder to the fair between China andforeign countries,but we cann’t deny its objective meaning. At the same time, weshould also be a clear awareness that this sense is forced, is a self-help behavior of thelate Qing government in the face of the crisis of governance. I believe that we mustnot only focus on improving our own economic and military strength,but also to strengthen the legal culture and institutional building in the construction of themodern legal system of socialism today. We can truly become a real socialist countryruled by law only in this way.