条约框架内的维权努力:清末民初华洋诉讼双轨理案体制之构建  

The Efforts to Maintain Legal Sovereignty within the Treaties’Framework:The Construction of the Two-track Lawsuit-trying Institution of the Chinese-and-Foreigners’Lawsuits during the late Qing Dynasty and the early Republican China

作　　者：钟勇华[1] 

机构地区：[1]西南交通大学政治学院,四川成都610031

出　　处：《兰州学刊》2012年第9期76-80,116,共6页

摘　　要：20世纪初清政府以收回领事裁判权为其重要目的开始进行司法改革,在地方设立各级审判厅。审判厅设立后开始受理华洋诉讼,遂产生了一种新的理案模式。为抵制领事裁判权、维护法权,清政府构建了一种双轨理案体制,但尚不完善。民初的中国政府则在此基础上继续加以发展和完善。清末民初华洋诉讼双轨理案体制的构建,是中国政府在条约框架内抵制领事裁判权、维护法权的一种尝试和努力,起到了迫使外人逐渐放弃观审权,从而形成对领事裁判权的局部冲击的积极作用,其意义不容忽略。In the early period of the 20 th century,the Qing Government began to carry out the judicial reform,which viewed repealing foreigners＇ consular jurisdiction as one of its important purposes,and local law courts of various levels was set up. After its establishment,the local law courts began to receive and try the Chinese - and - Foreigners＇ lawsuits,and consequently a new lawsuit - trying institution came into being. In order to boycotting the consular jurisdiction and protect the legal sovereignty,the Qing government constructed a two - track lawsuit - trying institution,but it still was not perfect. The government of early Republican China continued to developed and perfected this two - track lawsuit - trying institution on the previous foundation. The Construction of the two - track lawsuit - trying institution of the Chinese - and - Foreigners＇ Lawsuits during the late Qing Dynasty and the early Republican China,was the Chinese government＇s attempt and effort to boycott the consular jurisdiction and protect the legal sovereignty,which had positive function of compelling the foreigners to gradually give up the trial - supervising right and partially impacting on the consular jurisdiction,so its meaning can＇t afford to neglect.

关 键 词：清末民初 华洋诉讼 双轨理案体制 观审权 领事裁判权 

分 类 号：DF0[政治法律—法学理论]