清末民初华洋诉讼双轨理案体制产生及其司法实践之影响

The Influence of the Generation and Its Judicial Practice of the Dual- track Lawsuit- trying Institution of the Chinese- and- Foreigners' Lawsuits during the Late Qing Dynasty and the Early Republican China

清末民初华洋诉讼双轨理案体制的产生及其司法实践,不仅是中国司法制度的进步,同时也在维护中国司法主权上迈出了新的步伐。一方面,它促使华洋诉讼纳入了相对"规范化"和"程序化"的解决渠道,同时,也改变了涉讼华民长期处于弱势地位的不利处境,为其提供了更加公正合理的诉讼渠道;另一方面,它迫使外人基本放弃了"观审权",从而对领事裁判权在司法实践层面形成了局部冲击和动摇。其影响可谓重大深远,不容低估。

The generation and its judicial practice of the Dual-track Lawsuit-trying Institution of the Chinese-and-Foreigners' Lawsuits during the late Qing dynasty and the early Republican China not only meaned the advancement of China's judicial institution,but also represented new progress forward maintaining China's judicial sovereignty.On one hand,it made the Chinese-and-Foreigners' Lawsuits to be absorbed into comparative programatic and institutionalizational track,and changed the Chinese people's status as weakers,and provided more reasonable and acceptable opportunities at the same time.On the ohter hand,it compelled the foreigners to abandon the right of'Guanshen',and consequently made partial impact on the Consular Jurisdiction on judicial practice level.Its inflence was enormous and far-reaching,and couldn't be underestimated.