清末民初上海会审公廨中美商民的混合诉讼及交涉

Mixed Claims and Negotiation between Chinese and American Merchants in the Shanghai Mixed Court in the Late Qing and Early Republic

1909—1913年间上海租界会审公廨受理的中美商民混合讼案,其纠纷虽仍以商事交易为主,但亦出现土地房产、牌号版权、抵押担保、票据、房屋建造承揽、人格权等新的纠纷样态。围绕相关诉讼在美领事署与会审公廨之间展开的交涉,又折射出美国会审官把控会审公廨涉美诉讼的诸多细节。同时,在诉讼和纠纷的解决过程中,部分中美涉讼当事人和外籍律师,亦恃"交涉"为奥援,力谋各自利益的最大化。清末民初会审公廨处理华洋讼案具有"名诉讼实交涉"的本质。

In the mixed claims involving Chinese and American merchants in the concessions from 1909 to 1913,disputes were mainly over commercial transactions,but also included new areas such as trademarks,land and real estate,mortgages and guarantees,building contracts and personality rights.The negotiation between the American Consulate and the Mixed Court over litigation reflects many details of the American assessor’s control of the court in cases involving American merchants.At the same time,through legal proceedings and dispute resolutions,some Chinese and American parties to the disputes and foreign lawyers strove to maximize their own interests through negotiation.In the late Qing and early Republic,legal cases involving Chinese and foreigners in the Mixed Court were nominally lawsuits but actually negotiations.