辛亥革命时期上海华界现代法制论析

Analyzing Modern Legal System of Chinese Sections in Shanghai during Xinhai Revolution Period

上海华界在辛亥革命时期建立的法制是现代法制,突出表现在现代的法律形式、法律语言、法律内容和司法制度等方面。这一现代法制的建立具有重要意义,主要是:巩固了上海华界辛亥革命的成果;建立与规制了上海华界居民的现代生活方式;开始全面推进上海华界的法制现代化;拉近了与上海租界现代法制的距离;对当时的中央立法产生了积极影响等。辛亥革命时期上海华界现代法制的实施总体情况比较理想。与当时上海租界的现代法制相比较,辛亥革命时期上海华界的现代法制具有立法机关是华人组成的军政府、法律内容具有革命性、审判机关由华人组成以及适用的是中国中央和上海华界自己制定的法律等特点。这一现代法制还对辛亥革命以后上海华界的现代法制建设产生了很大影响,以致这一法制继续沿着现代法制的道路不断向前发展,至20世纪30年代基本实现了法制现代化。辛亥革命时期上海华界的现代法制在上海现代法制史乃至中国现代法制史上留下了浓墨重彩的一笔。

The legal system of Chinese sections in Shanghai during the Xinhai Revolution period is a modern system;its modernity is particularly embodied in such aspects as its form,language,content,and judicial system. The establishment of this modern legal system is of great significance mainly in that it consolidated the achievements of the Xinhai Revolution in Shanghai,established and regulated the modern way of life of Shanghai residents,started to comprehensively promote the modernization of the legal system of Chinese sections in Shanghai,narrowed the distance from the modern legal system of Shanghai concession areas,and made a positive impact on the legislation of the then central government in China. Generally,the implementation of this modern legal system was successful. Compared with its counterpart in concession areas,this modern legal system had the following characteristics: its legislative body was the military government composed of Chinese citizens;its legal content was revolutionary;its judicial organ was composed of Chinese citizens;the law enforced was formulated by Chinese people themselves. This modern legal system also had a great influence on the establishment of the modern legal system in Chinese sections of Shanghai after the Xinhai Revolution,so that the latter could develop along the path of the modern legal system and basically achieved the target of modernizing the legal system in the 1930s. In a word,the legal system of Chinese sections of Shanghai in the Xinhai Revolution period has left an indelible mark on the history of the modern legal system in Shanghai and even in China.