苏报案后中西权力抗衡思考——以对章、邹的审判为例

The Thinking of the Counterbalance of Chinese and Western Power through Su Bao Case——Taking the Zhang and Zou Trial as an Example

苏报案后,中西的交涉反映出中西权力的抗衡,而之后的审理又反映出"中西在司法制度上的难以理解"。虽然苏报案中公共租界西人利用领事裁判权和相关机构工部局,以及律师辩护制来抗衡清政府的审判建议,严重践踏中国司法,但就案件判决结果本身看,西人的法律权力运作保全了涉案人员(尤以章、邹为剧),使他们免遭沈荩式的残酷虐杀。

After the Su Bao Case, the negotiations with the westerners illustrated the power clash between China and the west, and the trial after that shows the ＂misunderstanding on the Chinese and western judicial system. In the case,the westerners in the public concession use the Consular Jurisdiction and its relevant institution Municipal Counsel and the lawyer defense system to stand up to the trial suggestions put forward by the Qing Government, which is viewed as a severe trample on Chinese justice. But as far as the verdict result itself is concerned, the power operation of the westerners certainly protected those involved in the case like Zhang and Zou from cruel massacre.