On The Mixed Court In Public Concession In Shanghai

In 1864,Mixed Court emerged in Shanghai within the land held on lease by western countries.In 1928,Mixed Court was taken back by Chinese government.All together the Mixed Court existed 60 years in China.It took the responsibility of handling both civil and criminal cases within the land held on lease by western countries.At the mean time,Mixed Court was in charge of legislative and administrative management.This essay starts from consular jurisdiction which was the opening ceremony of Mixed Court.After the War of Opium,western countries pressed Chinese government to enter into unequal treaties with them.The treaties opened five cities to the western countries. Foreign people were allowed to manage business,trade and travel within the five cities. Along with the extension of consular jurisdiction,western countries wanted to set up Mixed Court in the opened cities.Chinese government had the idea of "foreign people think differently",so they preferred the idea of "foreign people govem themselves".Thus, Mixed Court was set up in Shanghai.The second part of this essay concentrates on the setting of institution of Mixed Court. After the foundation of Mixed Court,its institution was essential to its functions.What ware the functions of Mixed Court? This essay holds the point of view that Mixed Court took legislative,judicial and administrative functions.The third part of this essay talks about legislative function of Mixed Court.Mixed Court functioned legislatively as an independent institution.At the same time,it functioned legislatively under the influence of Chinese government and western countries.Later on,this essay analyzes the judicial function of Mixed Court.At the beginning, Mixed Court assembled the characteristics of traditional local government.It took the responsibility of investigation and prosecution.The modification of constitution of Mixed Court,the function of investigation and prosecution were transferred to other institutions. Legal modernization was introduced through the Mixed Court.In the end,comparing Mixed Court before the 1911 Revolution with the Mixed Court after 1911 Revolution,this essay focuses on the role Mixed Court played in legal modernization.