Study On Judicial Practice Of Foreign-Related Civil And Commercial Cases During The Period Of Zengxin Yang Administration Of Xinjiang

The border situation of Zengxin Yang's xinjiang period(1912-1928)was more serious,always facing Russia and Britain covet and threats,as the Russian consular jurisdiction in China,such as trade exemption privileged access,are the anglo-russian merchant in China's xinjiang region.The exchanges between Chinese and foreign businessmen are on the increase,and so are the disputes.In the civil and commercial disputes,the subject,subject matter or legal relationship,one of the three is foreign-related,the case is a foreign-related civil and commercial dispute.This paper is divided into four parts to introduce Zengxin Yang governing foreign-related civil and commercial cases during the period of judicial practice activities in xinjiang,the Zengxin Yang's reign in xinjiang general situation of the foreign-related civil and commercial legal system period,the period of trial organizations and judicial officers,general situation of the applicable law when handling cases and the xinjiang local handling foreign-related civil and commercial cases during this period the judicial practice of evaluation.The first part analyzes the general situation of the legal system of foreign-related civil and commercial affairs in the xinjiang period of Zengxin Yang from a static perspective,which includes both national legislation,local regulations,treaties and local customary law.The second part introduces the judicial organs and judicial participants in the cases of foreignrelated civil and commercial cases.Because there is no established,modern trial and prosecution system in xinjiang still adopt the administrative and judicial trial mode,judicial organ is still the county,provincial level 3,administrative organs,judicial personnel is still a local administrative officials.The personnel involved in the judicial activities include both Chinese and foreign personnel.The third part,through the analysis of the specific case to introduce to Zengxin Yang ruled xinjiang xinjiang authorities in handling foreign-related civil and commercial cases during the period of the applicable law of the situation,both the application of the domestic laws,including Chinese and foreign treaty apply again.The fourth part is about the judicial practice of the foreign-related civil and commercial cases during this period,analysis of xinjiang in foreign-related civil and commercial cases during this period the positive factors and negative factors in the judicial practice,the positive factors in xinjiang authorities in handling foreign-related civil and commercial cases is striving for the independence of the judicature,to build a fair and just judicial procedure,and priority in practice use the enacted law,in order to ensure the authority of the state enacted law.Negative factors are no trial mechanism of modernization construction,still adopt the administrative and judicial trial mode,the judicial power not be independent of the executive power,on the other hand,jurisdiction and subject to the consular jurisdiction,xinjiang was not completely independent in foreign-related civil and commercial cases.