The Study Of Consuls Court In Shanghai International Settlement

The administration legal law system is called the balancer between the peopleand the government; it is the product of the modern principle, such as "separation ofpowers "and" rule of law". Although the agencies of Censorate have specialized inancient China, it can supervise the behavior of government officials and investigateresponsibility for their dereliction of duty. But there is no concept of separation ofpowers and constraints, so there is no administration legal law system of the “peoplesuing government officials". As the pioneer of China’s modern legal system, ShanghaiInternational Settlement was the first to introduce the system of administrativelitigation. The Shanghai International Settlement authorities established the firstadministration legal court—the Foreign Consuls Court in China. The ForeignConsuls Court which was the concession of this “state within a state” in the separationof powers and it checks and balances of an expression., was the product of theWestern administrative litigation system in the Shanghai International Settlement.The Foreign Consuls Court is the result of the Section27of1869LandRegulations, it was first founded in1871. It was not long later than1882that the courtstarted to accept trial cases. The court accepted the cases of the administration legallaw in which the Municipal Council was the defendant. And the court monitored andrestricted executive power of Municipal Council in the way of judicial review.The proceedings which the foreign consuls court that is modernization, the judgments of it have the force of law. The court has been in the half century of itsexistence, it putted to trial a lot of cases, and the Municipal Council has beenloosening many times. Through historical and cases analysis to research the ForeignConsuls Court and the administration legal law system in the Shanghai InternationalSettlement, it is particularly important. Because the court play a key role inmaintaining and improving the governance of the Shanghai International Settlementthrough its implementation of the administration legal law system. These studies canfurther analysis the modernization of the legal in Shanghai International Settlement.Meanwhile analysis the court between the Shanghai International Settlement andother Settlements can also deepen understanding the Foreign Consuls Court.Researches in these areas also have some historical significance for improving theadministration legal system in today’s exercise and supervising of administrativepower.This article has six parts, the introduction and five chapters.The introduction includes the significance, the reason, and academic history andresearch of methods of the Foreign Consuls Court. And the lack of research results ofthe court.The first chapter describes the establishment and development of the ForeignConsuls Court. From the geographical point of view of the background and legal basisbackground; and then discussing the expansion of executive power generation andmunicipal authorities concession. The first court was founded in the year of1871, andthe history of the development of the demise of the court.The second chapter studies the composition and the lawsuit of the court. TheForeign Consuls Court has several judges and one clerk, it is using the proceedings ofmodernization.The third chapter discusses the practice of the court, from the cases of the scopeand the plaintiff, the result and the execution of the cases, to repapering the litigationtrial practice of the court.The fourth chapter and the conclusion, summarizes the legality of the court, thethree features of the Foreign Consuls Court in Shanghai International Settlement between other Settlements, and doing a comprehensive evaluation of the positive andnegative aspects. The final chapter is the conclusion, it analysis the administrationlegal court property of the court, and the historical significance to improving theadministration legal law system in China.