The Study Of The Influence Of The Consular Jurisdiction System On The Trial Of Foreign-related Cases In The Late Qing Dynasty And The Early Republic Of China

1840 years the British opium war opened the modernization course of China,as a starting poin,and foreign powers began colonial rule of the qing government,isolation of the late qing dynasty,the government has also forced to opening to the outside world step by step.From 2000 BC the consular jurisdiction system used as a tool of colonial powers the qing government and the earth began to appear in China and has been continuously consolidate expand,followed by the qingzhen undermined the government judicial sovereignty.Consular jurisdiction as a formal system in China is determined by the bilateral treaty in late qing dynasty,after the opium war has have greatly small in over 20 countries by a nearly occupies a bilateral treaty with China and expanding the consular jurisdiction in China,the foreign powers in China's judicial privilege also from the beginning of consular referee to aesthetic set up until the last concession.Consular jurisdiction system research of the qing dynasty,not only to the trial of cases involving foreign elements in late qing dynasty and the qing dynasty history have further understanding,also can reveal the judicial reform in late qing dynasty and the profound relationship between the consular jurisdiction,can also provide important to the construction of socialist rule of law in China history.In this paper,a total of four chapters,the first chapter is introduction,both do to selected topic reason and the selected topic significance,also the existing studies of consular jurisdiction in the late qing dynasty.In addition,on the relationship between the judicial reform in the late qing dynasty and the consular jurisdiction to the comb.Society in late qing dynasty in a collection of various contradictions,and have as the ruling class of the intensified the contradiction between landlords and peasants,outside the invasion of western powers,semi-colonial crisis deepened.On the one hand,the establishment of consular jurisdiction both caused the destruction of the qing government judicial sovereignty,national crisis deepens,on the other hand,we also want to see,it establishes the legal system of capitalism and the introduction of ideas,as well as the backward feudal legal system has injected fresh blood,to some extent,promoted the process of modernization of Chinese legal system.The second chapter of this article is mainly to tang dynasty,China's law on "barbarian" crime,namely to occur within the territory of China of applicable law system of the crime related to foreigners,including the tang,song,yuan,Ming andearly qing dynasty.This part of the narrative is mainly with the introduction of the history.At the same time,another part of this chapter to the consular jurisdiction in China to establish the time background of the narrative,the opium war the clearance the government and the conflict of laws in the west.At this point,the opium war the clearance within the territory of the government in cases involving foreign elements essential for the regulation of power,insist on his own judicial sovereignty,and spurn foreign interference.But it also became the west criticized the qing legal bossy,backward and barbaric,pressing for the mouth of the consular jurisdiction in China,this chapter will through both Britain and America's attitude towards the qing government jurisdiction.In this paper,the third chapter mainly to the establishment of consular jurisdiction in China and expand the process are summarized.This chapter consists of three parts,the first part mainly discusses the consular jurisdiction the historical origin and connotation of the system;The second part "Lin Weixi case" as the breakthrough point to describe the system in China enjoy the same to the other powers in China,through this part of the story we can found that powers for consular jurisdiction in China is not depredations,more is the qing government corruption,incompetence and adjoining the;The third chapter mainly introduces the enlargement of the system in China,from the beginning only cases involving foreigners are mutual participation,gradually developed into the creation of a concession,the establishment of the "state within a state",marked the complete collapse of the qing government judicial sovereignty,degree of colonization.In this paper,the fourth chapter from the late qing and early republic of jurisdiction and the specific trial of cases involving foreign elements,the historical background of the judicial system during the period of make a summary,at the same time the trial of the late qing dynasty and early foreign-related cases system is introduced.Through the efforts of decades Chinese revocation of consular jurisdiction and judicial reform of late qing dynasty,the period of consular jurisdiction concerning foreign affairs or foreign nationals in China apply in the case is different from setting up at the beginning of the consular jurisdiction in China,through the discussion of this chapter,we will in the late qing and early republic,the trial of cases involving foreign elements is a more clear understanding,correct past prejudice against foreign-related cases during this period.Diameter from New York City north fifth chapter mainly discussed the first director of the government came to the establishment of public Xie,powers of consular jurisdiction in China grab,and accompanied by the deepening of judicial reform in late qing dynasty,the trial of cases involving foreign mixed the changes,and combined with the specific case is discussed.In this paper,the sixth chapter mainly to consular jurisdiction and judicial reform in late qing dynasty in the late qing dynasty,through the historical facts of cause and effect,have been found and then come to the conclusion.