Dispute Of The Judicial Capacity In Shanghai International Settlement

basic goal and important appeal for China’s modern judicial reforms.People in all industries appealed to the dead ministration of judicature and paid more attention to the government’s judicial reform.In particular,after the Nanjing National Government was established,there were many different voices of the Kuomintang officers about whether the judicial system should be politicized.As a transitional judicial institution to withdraw convicted jurisdiction,the Provisional Court in the Shanghai International Settlement is not only a new thing focused by domestic and foreign people but also a stage where the consulate and the National Government compete for judicial power.As a result,the president of the provisional court of the international settlement has also become the focus of public opinion.The disputes among the presidential candidates are mixed with many contradictions such as judicial sovereignty and judicial party formation.Lu Xingyuan,President of the Provisional Court of the International Settlement,is a staunch defender of the independence of judiciary.He has also received approval and support from the Consular Corps.However,there is still a gap between him and the ideal candidate of the Nanjing National Government,which has become a victim of the Kuomintang’s use of administrative power to intervene in the administration of justice.In the selection of the President of the Provisional Court,the KMT reemphasized the comrades rather than allies in the political position to implement national revolution.The consular mission and the public opinion paid attention to the stability and independence of the provisional court and removed Lu Xingyuan,President of the Provisional Court of the International Settlement,from office,which has aroused widespread concern and warm appraisal among the public.Some people even over-interpreted this case.Since Lu Xingyuan’s removal from office and the selection of candidates failed again and again,to the end of He Shiyi’s acceptance of the dean,it can be found that the temporary court,a transitional judicial institution,is trying to get rid of the consulate’s control and is slowly being captured by the Kuomintang.Lu Xingyuan,as a focus person,his dismissal has reflected the basic orientation of the Nanjing National Government’s control of judicial power during the process of recovering consular jurisdiction.This paper takes the selection of the President of the Provisional Court of the Shanghai International Settlement as the main line and takes the case of Lu Xingyuan’s dismissal as the point of view.Through the analysis of the election of the various presidents and the forces behind them,the paper explores the difficult course of judicial recovery of public concessions.The dissertation analyzes the appearance and essence of the dispute of judicial power in the context of Chinese and foreign diplomacy,and pays particular attention to the Nanjing national government’s control over judicial sovereignty and the party’s administration of justice.It reflects the rule of law environment and basic conditions in the early days of the Nanjing National Government.This paper mainly discusses the following related issues:The first is the inspection of the establishment of the temporary court of the international settlement.The temporary court,as the first step in resuming the power of the consular decision,reconstructed the public trial of the international settlement and set up a temporary court.In the context of specific social,political,economic,and legal systems at that time,this kind of transitional judicial institution inevitably brought about negotiations and adjustments between the Nanjing Nationalist Government and the Consular Corps.This was especially manifested in the dispute over the candidate for the president of the Provisional Court..From the appointment and resignation of Xu Weizheng,the first dean of the Provisional Court,to thesuccession of his successor,Lu Xingyuan,an initial succession can be seen.Through the analysis of the reasons for Lu Xingyuan ’ s election and the background information of his official record,academic record,curriculum vitae,travel history,etc.,it can be proved that Lu was an ideal candidate for all parties at the initial stage of the temporary court.The second is the observation of the judicial environment of the Nanjing National Government.By sorting out the changes in various social trends of thought at the beginning of the establishment of the Nanjing National Government and the implementation of Sun Yat-sen’s party administration ideology,the judicial environment under the Kuomintang regime has undergone a major transformation.The goal of judicial independence established in the late Qing Dynasty and early Republic of China was eroded by the Kuomintang party’s ideology of governance.Judicialization and judicial party membership have caused concern and vigilance from all industries in the society.The Kuomintang’s control over the judicial power will inevitably affect the consideration of the president of the provisional court.The third is the analysis of the tortuous election of the president of the provisional court.First of all,it discusses the dismissal of Lu Xingyuan and its real reasons,and then analyzes the selection and social background of the two successors,Zheng Xiaoxiu and Xie Yongsen.In particular,the two successors have not been successfully appointed,making the deputy of the president more ambiguous.Obviously,the cause of confusion in the election of the President of the Provisional Court is that the power structure of the temporary court under the control of the Consulate General in Shanghai is trying to deter the penetration and control of the Nanjing National Government.The fourth is about the discussion of the appearance and substance of the dismissal disturbance.In particular,it focuses on discussing the public opinion and the competition for power behind the resignation of Lu Xingyuan and the appointment of He Shiyan,which has led to increasingly fierce competition among the forces behind the incident.Consular Corps and its sympathy public opinion believe that the Kuomintang general He Shiyan is the symbol of the Kuomintang dictatorship and isfar less able than Lu Xingyuan to abide by the independence of the judiciary and uphold the fairness and justice of the law.The Nanjing Nationalist Government saw the urgency of recovering judicial sovereignty from the confusion of selecting the president.Lu Xingyuan,as the candidate accepted by the consular mission,was destined for quitting.He didn’t obtain any turning opportunity to be in office due to the confusion of selecting the successor.To sum up,the dismissal of Lu Xingyuan,dean of the Provisional Court of the Shanghai International Settlement,is not a mere matter of appointment or removal of personnel.It has a profound background that involves the disputes of the judicial power of the international settlement.There are both the fight for judicial sovereignty between China and foreign countries and the Kuomintang’s intention to control the judiciary.It is an important interlude in the process of regaining consular jurisdiction in modern China.