上海公共租界行政诉讼制度探析

A Study of the System of Administrative Litigation of Shanghai International Settlement

上海公共租界作为我国近代法制的先驱,最先引入了行政诉讼制度。1869年《土地章程》规定新设立一个法庭领事公堂,该法庭是公共租界内的行政法庭。租界当局通过此行政法庭,在租界内推行行政诉讼制度,监督和制约市政当局工部局行政权的行使。从公堂具体的审判程序及案件可见公共租界内推行的权力分立与制约的理念得到了实施。上海公共租界内推行的行政诉讼制度对于当下的行政诉讼完善和改革也有一些历史的借鉴意义。

As the pioneer of China＇ s modem legal system, Shanghai International Settlement was the first to introduce in the system of administrative litigation. In 1869,Land Act enacted that there should be a new consular tribunal, which should be the administrative court of the Intemational Settlement. With this court, the authorities of the International Settlement practiced the system of administrative litigation within the Settlement, supervised and restrained the performance of the administrative power of the Municipal Administration for Industry and Commerce. Judging from the detailed court proceedings of tile court and detailed legal cases, people can find that the idea of power separation and restriction in the International Settlement was successfully carried out. The system of administrative litigation praetieed in Shanhai International Settlement has a historic and referential signfieance for the improvement and reform of contemporary administrative litigation.