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Modern Chinese consular jurisdiction research

Author: LiWenHui
Tutor: BianXiuQuan
School: China University of Political Science
Course: Legal
Keywords: Modern China Consular jurisdiction Modernization of the legal system
CLC: D929
Type: Master's thesis
Year: 2006
Downloads: 434
Quote: 3
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Abstract

Modern Chinese consular jurisdiction problem, not a new topic, because the Chinese and foreign scholars have written a lot of articles to explain their point of view. Text draw on the results of previous studies based on the First, by reviewing the history of this period, keep in mind bullied by the painful lessons of history, to inspire the national spirit; criticizing the consular jurisdiction to the Chinese state and the people brought calamities, and work hard, we should see the big powers seeking Chinese consular jurisdiction is of course due to the nature of the capitalist pursuit of economic interests, but we can also conflict from the Chinese and Western cultures, judicial conflict perspective, ancient China and France Department no longer meet the trend of the world, on the basis of the combination of conditions, we have to strive to learn the advanced legal. Especially in China's accession to the WTO, building a country ruled by law, the backwardness of the legal and judicial system will hinder China's opening up to the world, not better safeguard national interests, to affect the exchange between countries, leading to our exclusion outside the family of nations. Legal Modernization of China, China in Transition from a traditional society to modern society, the political, economic and cultural needs of a fundamental change. But it can not be ignored, Modern powers in China consular jurisdiction is an important reason to embark on the road of modernization of promoting China's legal system. Before the Opium War, Western judicial conflicts powers an excuse to Chinese law is harsh, trying to seek consular jurisdiction in China through the Opium War, they imposed on the privilege the head of the Chinese people. Powers the exercise of consular jurisdiction in China seriously infringed upon China's national sovereignty, and trampling on the human rights of the Chinese people. Qing government, the Government of the Republic of China attempted abolition of consular jurisdiction through judicial improvement, though without success, but to accelerate the modernization process of China's legal system. Due to changes in the international situation, the consular jurisdiction was able to eventually repealed. This article includes the following sections: introduction, body and conclusion. The body consists of four chapters. First chapter, \Research before the Opium War in Western judicial conflict powers seek consular jurisdiction, the Opium War, the Western powers, led by the Anglo-American seized in China consular jurisdiction; powers through the Second Opium War forced the Qing government signed a series of treaties, grab the consular jurisdiction beyond the original meaning, built on the basis of personal doctrine consular jurisdiction extended to territorialism, more countries have access to consular jurisdiction in China. Formed in Concession Mixed Court hearing the cases of Chinese and foreign hybrid system, China's national sovereignty further decay further trampled on the human rights of the people. The second chapter, \Major research powers to the exercise of consular jurisdiction in China to set up the consular court; Britain and the United States in order to better exercise consular jurisdiction in China to set up the court, does not belong to the consular jurisdiction of the Tribunal hearing in all cases of the Anglo-American human defendants cases and the consular court cases filed appeal cases; consular jurisdiction the personal doctrine extended to the the Territoriality performance is

Modern Chinese consular jurisdiction research

Abstract

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