The Illegal Taiwanese In Xiamen And Japanese Consul Referee System In China

Modern Japanese consul referee system in China establish since the "Sino-Japanese Amity ", which was signed in September131871, between China and Japan. The "Sino-Japanese Amity" also made provisions of the criminal trial.The "Sino-Japanese Amity" provides that both sides of China and Japan have the consular jurisdiction. Japan’s unilateral enjoy their consular jurisdiction in China when they win the Sino-Japanese War in1896. July21,1896, Zhang Yin-huan and Lin Dong signed the "Commercial Navigation Treaty" in Beijing. According to the "Commercial Navigation Treaty", Japan uses the so-called principle of Marxism in China to carry out consular jurisdiction in China, which provides criminal jurisdiction cases involving about five:Fifth, the defendant in the Japanese criminal incident, the victim or a third person for the Chinese people’s situations, their jurisdiction areas owned by the Japanese.The basis of Article22, Paragraph1. Six to Chinese people accused of criminal incidents, the victims of the Japanese situation, China has normalized its jurisdiction According to Article22, item. Seven to the Japanese for the plaintiff to a third country as a defendant in criminal matters; to third country for the defendant, the victim of the Japanese criminal matters, the treaty does not specify, but in general the principle of the defendant doctrine. Eight, the judicial police powers contained consular jurisdiction, namely the occasion of the exercise of consular jurisdiction, judicial police have to search, arrest and tracking right. Pursuant to Article24.Modern Japanese consul in China content burdensome referee system, the paper investigate the Xiamen "illegal Taiwanese" from three aspects which is "illegal nationality"、unscrupulous business people and organized crime Factual, to examine the modern Japanese consul referee system in China.Combing through the existing materials and knowledge, we can make a conclusion that the implementation process in China, the Japanese consul referee system to cultivate a "illegal Taiwanese" living soil, contrary to the original intention and legal consul referee system maintaining social order established by the main function.