Research On The Litigation Of Kaiping Coal Mine Equity Case In The Late Qing Dynasty

The Kaiping coal mine equity case was tried in London,England.As the first foreignrelated litigation case in modern China,it has a decisive significance in the judicial process of modern China.The litigation process of the case,the legal documents involved and the contractual effect of the disputes are worth interpreting and analyzing.To study the overall picture of Kaiping coal mine equity case in the UK,we have to analyze the attitude of the late Qing government and the British parties before the litigation in the UK.Although both China and the UK are firm and unwilling to give in to the outcome of the case,the anticipation of the outcome of the litigation by both parties is not conducive to China.The interpretation of the indictment,defense,trial process and judgment of the case is also the key to the analysis of the case’s litigation in the UK.From the indictment,defense,trial testimony and judgment,we can see the general process of the trial process and the main dispute focus of the case.Zhang Yi signed the transfer agreement and the sub agreement under the coercion and inducement of Hu Hua and others.The main focus of controversy in the Kaiping coal mine equity case can be summarized as the determination of the effectiveness of the transfer agreement and the sub agreement.The sale agreement is the basis for signing the transfer agreement and the sub agreement.The transfer agreement and the sub agreement are the reaffirmation of the sale agreement.According to the rights obtained from Zhang Yi,de Cuilin has entered into a sales contract with Hu Hua,the agent of Mo Lin.the mining guarantee certificate and the documents issued by Zhang Yi to de Cuilin are the basis for de Cuilin to obtain the agency right and sign the sales contract.All disputes and court proceedings in this case are centered on the signing process and effectiveness of the three contracts.It can be said that the signing process of the three contracts and their ancillary documents runs through the whole process of litigation in the UK,which is the origin of the litigation in the UK of Kaiping coal mine equity case and the basic point of studying the whole case.The late Qing government lost its control over all the industries of Kaiping coal mine through the three contracts of sale,transfer and vice contract,which also reflected the heart of British businessmen in the late Qing Dynasty to plunder Chinese industries.The signing of the three contracts showed the process of British businessmen using legal means to control Kaiping coal mine step by step.The reason why Zhang Yi has so much power to authorize de Cuilin to handle mining affairs is closely related to the establishment mode and constitutional documents of Kaiping Mining Bureau.Taking the Kaiping coal mine equity case in the late Qing Dynasty as the starting point,starting from the establishment of the Kaiping Mining Bureau,and taking the signing process and effectiveness of the three contracts as the logical starting point,this paper studies the litigation of the Kaiping coal mine equity case in the UK from the aspects of the origin,process and results of the litigation in the UK,and explores the process of foreign capital acquiring all the industries of Kaiping coal mine,as well as the process of China winning the lawsuit through legal means.