20세기 초 天津審判廳과 中ㆍ外 교섭재판 (Tianjin court and Sino-foreign mixed trials in the early 20th century)

서지정보

· 발행기관 : 중국근현대사학회
· 수록지 정보 : 중국근현대사연구 / 102호 / 81 ~ 109페이지
· 저자명 : 조병식

초록

Tianjin Court was the first new-style court established during the New Policy at the end of the Qing Dynasty, and one of its main purposes being the restoration the ‘extraterritorial jurisdiction’ exercised by foreigners. Among the ‘extraterritorial jurisdictions’ that existed in modern China, this article focused on the mixed trials between Chinses(defendants) and foreigners(plaintiff), and examined the changes brought by the construction of Tianjin Court and its characteristics.
The mixed cases in Tianjin were primarily commecial disputes. Before the establishment of the Tianjin court, such cases were handled by the Tianjin magistrate. However, due to foreigners' negative perception of the traiditional Chinse judicial system and its inherent limitations, mixed tirals were not efficiently conducted. Consequently, the consulates in Tianjin demanded to establish a mixed court exclusively for handling such cases. In response to this demand, the Zhili Governor-Genral and the director of Tianjin maritime customs sought various solutions, and eventually deciding to construct a western-sytle court, Tianjin court.
The most significant change that occured was the institutionalization of the mixed trials. The mixed trials conducted by Tianjin court combined the western systems with traditional Chinese methods, thereby improving foreigners' satisfaction with mixed trial and increasing their confidence in the Chinese judiciary.
The institutionalization of the mixed trial led to an increase in the number of foreign merchants suing directly in Tianjin court, bypassing their consulates. Tianjin court followed established rules and procedures for conducting the mixed trials, and dealt with Chinese defendants in accordance with ‘Chinese law’. Furthermore, as seen in the case of the Firm of Betram(志誠洋行), Tianjin court resisted the German diplomats' attempt to intervene the trial on the basis of treaties and general legal principles. In short, Tianjin court conducted the mixed trials as a new style court, which was in line with the ultimate purpose, the protection of judicial sovereignty.

영어초록

Tianjin Court was the first new-style court established during the New Policy at the end of the Qing Dynasty, and one of its main purposes being the restoration the ‘extraterritorial jurisdiction’ exercised by foreigners. Among the ‘extraterritorial jurisdictions’ that existed in modern China, this article focused on the mixed trials between Chinses(defendants) and foreigners(plaintiff), and examined the changes brought by the construction of Tianjin Court and its characteristics.
The mixed cases in Tianjin were primarily commecial disputes. Before the establishment of the Tianjin court, such cases were handled by the Tianjin magistrate. However, due to foreigners' negative perception of the traiditional Chinse judicial system and its inherent limitations, mixed tirals were not efficiently conducted. Consequently, the consulates in Tianjin demanded to establish a mixed court exclusively for handling such cases. In response to this demand, the Zhili Governor-Genral and the director of Tianjin maritime customs sought various solutions, and eventually deciding to construct a western-sytle court, Tianjin court.
The most significant change that occured was the institutionalization of the mixed trials. The mixed trials conducted by Tianjin court combined the western systems with traditional Chinese methods, thereby improving foreigners' satisfaction with mixed trial and increasing their confidence in the Chinese judiciary.
The institutionalization of the mixed trial led to an increase in the number of foreign merchants suing directly in Tianjin court, bypassing their consulates. Tianjin court followed established rules and procedures for conducting the mixed trials, and dealt with Chinese defendants in accordance with ‘Chinese law’. Furthermore, as seen in the case of the Firm of Betram(志誠洋行), Tianjin court resisted the German diplomats' attempt to intervene the trial on the basis of treaties and general legal principles. In short, Tianjin court conducted the mixed trials as a new style court, which was in line with the ultimate purpose, the protection of judicial sovereignty.

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