会审公廨

1926年上海公共租界会审公廨收回交涉述评。

Commentary of the negotiation on the trial organization in Shanghai public concession in1926 .

从上海公共租界会审公廨看中西法律制度和思想的冲突与融合

Clashes and Reconciliation of Chinese and Western Legal Systems and Thinking Viewed in the Perspective of Shanghai International Mixed Court

上海公共租界会审公廨是西方列强侵夺中国司法权的工具之一。

The Mixed Court of the International Settlement in Shanghai is one of the tools for Western powers to infringe upon the jurisdiction of China .

会审公廨的产生与租界的形成与发展密不可分，是租界发展演变的产物。

The founding of the Mixed Court was closely related to the formation and growth of the settlement and was a result of its evolution .

关于会审公廨的历史沿革，论文第一章首先探讨了会审公廨产生的法律依据问题。

As to the evolution of the Mixed Court , Chapter One first of all approaches the issue of the legal basis of the Mixed Court .

认为，会审公廨所代表的外领会审权和中外会审制度，是领事裁判权的延伸和发展。

It holds that the joint hearing ( trial ) power of the foreign consuls and joint hearing system represented by the Mixed Court are an extension and expansion of consular jurisdiction .

为了更好了解会审公廨不同时期的审判制度变迁，本章分会审公廨的前身、辛亥革命前的会审公廨和辛亥革命后的会审公廨三个时期来逐一阐述。

In order to make people fully understand the changes in the trial system in different periods , this chapter will expound the predecessor of International Mixed Court , that before and after Revolution of 1911 respectively .

其次，本文对制度设计下的会审公廨（主要指公共租界会审公廨）与传统县衙作了比较分析，力图揭示会审公廨的职能定位、性质与特点。

Second , it also reveals the function , nature and features of the mixed court through an analytical comparison between the mixed court ( in the International Settlement ) under the very Sino-foreign Agreement and the traditional local judicial institutions .

由于国家制定法的缺位，会审公廨借助专家证人与交叉询问技巧，试图总结出一套能够指导判决的习惯法。

As a result of the lack of national statues at that time , the mixed court tried to conclude a series of customary law to guide its judicial activities with the help of expert witnesses and by techniques as cross-examination .