Research On The Consular Jurisdiction Of Japan In China

The consular jurisdiction is the system in which one country is allowed to exercise judicial authority on its citizen who is within foreign country's territory by consular officers on the basis of its own law.Before the Opium War in Qing Dynasty,the government basically followed the clause of 'foreigners commit crimes in China' since Tang Dynasty and conducted the principle of territoriality.In that case,judicial sovereignty was basically guarded in foreign-related procedure.The general regulations at the five ports established British's consular jurisdiction in China after the Opium War,which brought China into perishment of judicial sovereignty.Before 1871,China has signed unequal treaties including consular jurisdiction with main Western countries.The consular jurisdiction in these unequaltreaties presented the below features:jurisdiction expansion from criminal case to civil case,scope expansion from trading ports to inland,power expansion from jurisdiction to judicial right of arrest.Establishment of consular jurisdiction in succession reflected the feudal bureaucrat group's weak acknowledgement over judicial sovereignty and deepening of semi-colonization.Modern Japan's establishment of consular jurisdiction system in China can be divided into two parts.From 1871 to 1895,beginning with Sino-Japanese Treaty of 1871,China and Japan established bi-directional consular jurisdiction system based on fairness.But its scope and region of application was not broad.So the treaty was also thought to be relatively equal treaty.From Trade between China and Japan Boating Treaty establishment in 1896 to 1943,Japan abolished consular jurisdiction of China in Japanese territory and expanded Japanese consular jurisdiction which included establishment of one-sided consular jurisdiction,expansion of region and quotation of most-favored-nation clause.Specifically,unilateral consular jurisdiction of China in Japanese territory was completely abolished and China became the entire obligation side.Territory expansion embodied on scope extending from trading ports to inland.Japan could quote treaties signed between China and other countries all the time according to most-favored-nation clause.Numerous Japanese Consular Courts in China mainly exercised its consular jurisdiction and governed criminal and civil cases in which Japanese merchants were accused as well as lawsuits among Japanese citizen.However,only criminal case under criminal detention could be administered.And the judicial authority on felony was not within the government scope of consular courts in China but in Japan proper and area beyond China government,which brought difficulties to Chinese citizen in lawsuits.From administer practice,Japan took advantage of consular jurisdiction in China and seriously damaged Chinese national interests and the legitimate rights of Chinese people on basis of diplomacy and violence.From influence,first of all,Japanese citizen were taken under consular jurisdiction's wing.Secondly,Chinese citizen were much easier to be judged heavy offense.Lastly,Chinese government public administration and sovereignty got great harm,which accelerated Chinese semi-colonization.Japan ' s consular jurisdictions along with Western countries' constitute infringement of judicial sovereignty in modern China.Firstly,it deepened judicial sovereignty crisis in China;Secondly,big powers speeding invade China and Chinese domestic economic and political changes accelerated law transplantation.;Thirdly,Japan's abolishment of consular jurisdiction was regarded as an example by China,so focus of 'learning from foreigners'shifted from western countries to Japan.Meanwhile,a large number of Japanese student abroad also had a positive effect on modern legal system building;Fourthly,the consular jurisdiction provided significant driving force for modern reform of the legislation and makes modern legal sense gain more popularity,which laid foundation for eventually abolishing big powers ' consular jurisdiction in China.