Study On The System Of Mixed Court In The Late Qing Dynasty

The trial of public opinion is a special mixed court in the history of public concessions.Whether the sorrow of history or not,the opposite cause is like the pros and cons of the same coin,which can be universally applied in modern Chinese history.This phenomenon is particularly prominent in the development of modern Shanghai,China.The United Kingdom,the United States,and France have successively established concessions in Shanghai,China.Their legislation,administration,and judiciary are all independent of the Chinese government.Our sovereignty is gradually being destroyed.The Chinese are subject to the jurisdiction of outsiders on their own land.It is not sad.With the introduction of this aggression,it has distinctive Western culture,values,legal norms,and even municipalities.The construction,political structure,etc.were also forced to be introduced,which caused even great changes in Shanghai that affected the whole country.The Qing Dynasty was forced by the semi-colonial situation of the time.In 1864,it was forced to set up a public hearing in the public concession in Shanghai.From establishment to abolition,it lasted for 63 years.The trial is a judicial organ established within the Chinese territorial concession.It is mainly conducted by Chinese and foreign officials to jointly hear disputes between Huayang and Chinese.After the establishment of the Qing Dynasty in the late Qing Dynasty,China and other countries reached an agreement and formed a distinctive trial system.The purpose is to make the various organs of the judicial trial perform their duties and responsibilities.The trial system is mainly handled by Chinese officials independently or by Chinese and foreign judges.Judicial judges flexibly choose domestic and foreign laws in accordance with legal procedures when trying to hear litigation between Chinese in the public concession and between Chinese and foreigners.The trial system integrates the characteristics of the Chinese and Western trials,and the judicial power is divided very seriously.However,the system also has defects,lacking professional technical talents,and paying too much attention to safeguarding the security of the concession.The trial system that introduced the factors of Western law gradually reflected a trend of modernization and accumulated experience for our modern judicial reform.However,in the context of modern semi-colonialized semi-feudal society,public funds were adversely affected by external and internal institutions.In the end,completely smashing the tools for Western powers to seize China's judicial sovereignty did not lead to deeper reform of the judicial system.As a public opinion condemnation in the public concession,both at the time and nowadays,it gradually appeared in people's field of vision.But because of the influence of various factors such as the times and values,the research and evaluation of it needs to be more in-depth and objective.Most people think that the trial will violate the Chinese territory and judicial sovereignty,although this is an unquestionable fact.But this is not enough to explain all the activities and developments that will be announced.The public prosecution has a strong Western legal system in its establishment and litigation trial system.It is a hybrid court with internal constitutions that accommodates Chinese and Western legal factors and is legal within the concession.However,due to the nature of the system and the role of various social forces,it was unable to stay ahead of the times in the context of the modernization of Chinese law at the time.As a starting point for the integration of modern Chinese and Western laws,it has greatly promoted the modernization of the judicial system.