| In late nineteenth Century, the leased territory is the powers to obtain political,military interests in China, which is directly by the government to a term loan ofoccupied territory name. Compared with the Concession, the leased territory hadhigher degree of loss of sovereignty, decolonization deeper. The concession rentalterm specified in the lease treaty, which is direct management by the leasedgovernment, managers directly subordinated to the national government. Concessionleased means the territory of the country in judicial, under the jurisdiction of thepossession in law. The powers’"concession" in China began in the Second OpiumWar, concentrated at the end of the19th century.At the end of the19th century, the British in order to resist Russia to maintainthe balance of power in China, who forced the Qing government to sign Weihaiweihire of special articles the lease for25years, the same as Port Arthur. As a result, theUnited Kingdom ruled the Weihaiwei as long as32years (1898-1930).As a traditional case law country, how the United Kingdom rule andmanagement a Statute law region like Weihaiwei? In the period of British rental, didWeihaiwei transplanted British case law or follow Chinese enactment, or using aspecial law which is different from the United Kingdom and China? Follow theseproblems, starting from the news in1928“Weihai Tarde”, combined with the legalsystem of the British rental period, let’s analyze the investigative organs, the judicialand the related laws in late Weihaiwei British Leased, in order to understand thishistory from a legal perspective. The text of this paper is composed of three parts bythe introduction, body and conclusion. The body is the main part of the article,including the following three parts:The first part of the analysis is the analysis of criminal cases in “Weihai Tarde”.In December1927, Sun Hanchuan founder “Weihai Tarde”, but the newspaper onlyexist two years, closed down in1929. The file of “Weihai Tarde” in Weihai archivesis mainly concentrated in the seventeen years of the Republic of China (the Gregoriancalendar in1928), which is the popular period of “Weihai Tarde”, and the end time ofthe British leased Weihaiwei (1898-1930). In addition to advertising and local news,“Weihai Tarde” also include some criminal cases report. I intend to classify the cases of “Weihai Tarde” by crimes against property, assault and battery, obstruction of themanagement of social order crimes and economic crimes, to pave the way for thesecond and third part of the British Leased investigative organs, judicial proceedingsand applicable law.The second part analyzes the British rental period Weihaiwei criminal litigationsystem. In the British rental period Weihaiwei, criminal proceedings can’t beseparated from the two organizations: the police station, and district officer. On thenature of the police station and district officer, we need to combine with the specificcases on “Weihai Tarde” and historical analysis. I think the British Leased during theinvestigative agency is the police station, the judicial organ is the district officer. Thispart analyzes the police station organization and management, the terms of referencetype and the district officer. I also present ideas for the controversy on the the districtofficer.The third part introduces the applicable problem of the law in the criminal suit,which is in the British rental period of Weihaiwei. This section first introduced theapplication of the law during the trial in the British rental period of Weihaiwei, toidentify the sources of the law in the British rental period Weihaiwei. Then I willintroduce the impact on the the Weihaiwei criminal litigation system in British law.For the needs of the ruling, the British brought British law to Weihaiwei. The passivetransplanting of law is different from the conventional transplanting of law (firstthinking transplanting, then institutional transplanting). Although Weihaiweitransplanted the British law system, but the ideology of the Weihaiwei person has notchanged. |
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