民国初年东省特别区域法院诉讼文书程式考析

Analysis of the Litigation Document Format of the Court of the Special Legal Region of Eastern Province in Early Republic of China

民国初年,北京市政府收回俄国在中东铁路及其附属地的领事裁判权,并在该地组织设立了东省特别区域法院。鉴于该法院受理涉外诉讼之特殊性,司法部专为东省特区法院拟具了各类诉讼文书程式令其遵照施行。因新法颁行以及涉俄因素的影响,东省特区法院对诉讼文书程式作出了大量的增删修改,司法部亦根据其呈请对诉讼文书之种类、编号、程式、内容等各方面进行了相应的整饬与梳理。东省特区法院诉讼文书程式改革,为推动中国司法近代化的进程、涉外法治建设提供了若干基础性助益,实为近代中国法治变革的一个缩影。

The founding period of the Republic of China,the Beijing government recovered Russia's consular jurisdiction over the Eastern Railway and its dependencies,and organized the establishment of a special regional court in the Eastern Province there.In view of the special nature of the courts handling of foreign-related litigation,the Ministry of Justice has specially drafted various procedural documents for the courts of the Eastern Province Special Legal Region for them to comply with.Due to the promulgation of the new law and the influence of Russia-related factors,the courts of the Eastern Provincial Legal Region have made a large number of additions,deletions and amendments to the procedures of litigation documents,specifically involving the types,contents,procedures,numbers,etc.of litigation documents,and the Ministry of Justice has also carried out corresponding rectification and sorting out of all aspects of litigation documents according to its petition.As an important judicial organ that heard Russian lawsuits at that time,the Court of the Eastern Pro-vincial Special Legal Region was the product of Chinas recovery of Russias consular jurisdiction over China.The innovation of the litigation procedures of the courts of the Eastern Province Special Legal Region is indeed a miniature of the construction of foreign-related rule of law in modern China.