从《华洋诉讼判决录》看民国北京政府统治前期撤废领事裁判权的努力
发布时间：2018-08-06 14:04
【摘要】： 关于领事裁判权的研究,尤其是对中国领事裁判权历史的研究,无论史学界还是法学界都已有不少成果。从已有的研究成果中我们可以得出,清末是领事裁判权制度在中国初步确立的时期,民国初年北京政府时期是中国政府力图撤废领事裁判权的过渡与蕴酿期,而直到南京国民政府时期,领事裁判权的撤废才逐渐取得成绩,并使领事裁判权制度最终得以彻底废除。以往关于领事裁判权的研究,大多痛斥领事裁判权给中国国家和人民造成的巨大灾难,大多抨击和批判北洋政府的懦弱无能,而对其在国弱民穷的基础上为收回领事裁判权所做的努力关注不够,[2]因而,在以往人们的认识当中,民国北京政府时期是近代中国历史上军阀混战、国局最混乱的时期,国家最高领导阶层频繁更迭,国家政权南北分立,这一时期政府对领事裁判权的撤废几乎无所作为,甚至袁世凯统治时期,法制改革一度出现倒退,更是给领事裁判权的撤废凭添了许多困难。 本文在一定程度上同意学界已有研究成果,但本文主要以《华洋诉讼判决录》中辑录的裁判文书所涉案例为事实上的依据,并以这些案例辑入的年份跨度(1914——1919)为时间界限,研究民初北京政府统治前期,新式法院建立的地方华洋诉讼的另一个侧面,并通过这个侧面进一步探究当时北京政府及其相关司法、外交部门等关于华洋诉讼所发布的一些法令,使人们对民初领事裁判权制度下的华洋诉讼及对民国北京政府统治前期为撤废领事裁判权所作的过渡性质的准备工作与努力有一个相对完整的认识和客观的理解。
[Abstract]:There have been many achievements in the study of consular jurisdiction, especially in the history of Chinese consular jurisdiction. From the existing research results, we can draw a conclusion that the late Qing Dynasty was the period when the system of consular jurisdiction was initially established in China, and the period of Beijing government in the early Republic of China was the transitional and brewing period during which the Chinese government tried to abolish the consular adjudication power. Until the Nanjing National Government, the abolition of consular jurisdiction gradually achieved results, and finally completely abolished the system of consular jurisdiction. Previous studies on consular adjudication power have mostly denounced consular jurisdiction as a great disaster to the Chinese nation and people, and mostly criticized the cowardice and incompetence of the Beiyang government. However, not enough attention has been paid to its efforts to recover consular jurisdiction on the basis of the weak and the poor. [2] thus, in the past people's understanding, the period of the Republic of China's Beijing government was the period of warlordism in modern Chinese history and the most chaotic period in the state administration. The state's highest leadership changed frequently, and the state power was divided between the north and the south. During this period, the government almost did nothing to abolish consular jurisdiction. Even during the period of Yuan Shikai rule, the reform of the legal system was once retrogressive. Even more, the abolition of consular jurisdiction added a lot of difficulties. To some extent, this paper agrees with the academic research results, but this paper mainly based on the case of judgment documents compiled in Hua Yang Litigation judgment, and takes the time limit of the years of these cases (1914-1919) as the time limit. To study another aspect of the local Chinese litigation set up by the new style courts in the early days of the early Republic of China, and to further explore the Beijing government and its related judicature through this aspect. A number of decrees issued by the Foreign Affairs Department concerning the overseas litigation, It makes people have a relatively complete understanding and objective understanding of the Chinese foreign litigation under the system of consular jurisdiction in the early Republic of China and the preparatory work and efforts made by the Beijing government of the Republic of China to abolish the transitional nature of the consular jurisdiction in the early period of the Republic of China.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929
本文编号：2167957
[Abstract]:There have been many achievements in the study of consular jurisdiction, especially in the history of Chinese consular jurisdiction. From the existing research results, we can draw a conclusion that the late Qing Dynasty was the period when the system of consular jurisdiction was initially established in China, and the period of Beijing government in the early Republic of China was the transitional and brewing period during which the Chinese government tried to abolish the consular adjudication power. Until the Nanjing National Government, the abolition of consular jurisdiction gradually achieved results, and finally completely abolished the system of consular jurisdiction. Previous studies on consular adjudication power have mostly denounced consular jurisdiction as a great disaster to the Chinese nation and people, and mostly criticized the cowardice and incompetence of the Beiyang government. However, not enough attention has been paid to its efforts to recover consular jurisdiction on the basis of the weak and the poor. [2] thus, in the past people's understanding, the period of the Republic of China's Beijing government was the period of warlordism in modern Chinese history and the most chaotic period in the state administration. The state's highest leadership changed frequently, and the state power was divided between the north and the south. During this period, the government almost did nothing to abolish consular jurisdiction. Even during the period of Yuan Shikai rule, the reform of the legal system was once retrogressive. Even more, the abolition of consular jurisdiction added a lot of difficulties. To some extent, this paper agrees with the academic research results, but this paper mainly based on the case of judgment documents compiled in Hua Yang Litigation judgment, and takes the time limit of the years of these cases (1914-1919) as the time limit. To study another aspect of the local Chinese litigation set up by the new style courts in the early days of the early Republic of China, and to further explore the Beijing government and its related judicature through this aspect. A number of decrees issued by the Foreign Affairs Department concerning the overseas litigation, It makes people have a relatively complete understanding and objective understanding of the Chinese foreign litigation under the system of consular jurisdiction in the early Republic of China and the preparatory work and efforts made by the Beijing government of the Republic of China to abolish the transitional nature of the consular jurisdiction in the early period of the Republic of China.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929
【参考文献】
相关期刊论文 前3条
1 李育民;近代中国的领事裁判权制度[J];湖南师范大学社会科学学报;1995年04期
2 马方方;关于清末列强在华领事裁判权的再思考[J];吉林师范大学学报(人文社会科学版);2003年02期
3 赵晓耕;试析治外法权与领事裁判权[J];郑州大学学报(哲学社会科学版);2005年05期
，本文编号：2167957
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