A Study On The Payment Dispute Cases Of Judgement Records For Litigation Between Chinese And Foreign Citizens

During the period of the Beijing government of the Republic of China,the development of domestic industry and commerce,and the eastward movement of foreign businessmen,generated a large number of payment disputes for goods,while promoting the trade between Chinese and foreign citizens.The Judgement Records for Litigation between Chinese and Foreign Citizens as a compilation of cases in the period of the Beijing government(1914-1919),records a series of payment dispute cases between Chinese and foreign citizens during this period.This is the period that the government and public have negotiated to abolish the consular jurisdiction.The judge resolutely resisted the attitude of watching the trial and the fact that the mostly of the Chinese are the subject of the appeal not only reflected in the true appearance of payment dispute cases between Chinese and foreign citizens,but also reflected the awakening of the legal consciousness of the Chinese people at that time.Therefore,studying on the payment dispute cases of Judgement Records for Litigation between Chinese and Foreign Citizens,restoring the judicial operation at that time,and absorbing its rational core,is not meaningless for the current Chinese society to solve the cases of Sino-foreign trade disputes.On the basis of a detailed analysis on the payment dispute cases of Judgement Records for Litigation between Chinese and Foreign Citizens,the thesis analyzes the causes of disputes in the payment cases of Judgement Records for Litigation between Chinese and Foreign Citizens: such as the payment dispute arising from the management relationship;The payment dispute arising from the entrusted relationship.Summarizing the particularity of payment cases between Chinese and foreign citizens,the long-term and foreign-related nature of transaction cooperation leads to a large amount of disputes.The variety of money forms increases the cases complexity.At the same time,there is confusion on the accountability of business users such as managers.Through the research on the trial procedure and the bases of trial of the payment dispute cases in the Judgement Records for Litigation between Chinese and Foreign Citizens,the thesis concludes that the trial mode of payment dispute cases between Chinese and foreign citizens is the trial mode of the trial hall in Tianjin.The bases for the trial of payment dispute cases between Chinese and foreign citizens are mainly the effective part of the civil and commercial affairs of the Active Criminal Law of Qing Dynasty,the habits,the rules.This is closely related to the defects of the special legal system reform,the characteristics of the source of law,and the survey of civil and commercial habits.In addition,the benign interaction between the courtroom and the chamber of commerce and non-litigation disputes during this period also won the recognition of both parties.In summary,although there are shortcomings in the trial of payment dispute cases: such as the lag of the application of the law,the indiscriminate use of the civil penalty,and the cumbersome trial procedures,the rational application of the trial bases and the non-litigation dispute resolution methods have historical value to for the current Chinese society to solve the cases of Sino-foreign trade disputes.