清光绪年间中朝民事纠纷交涉研究(1882～1894)——以“李范晋案”为中心

The Judicial Practices of Civil Cases Between the Qing and Choson from 1882 to 1894

1882～1894年,在清朝与朝鲜的民事纠纷案件中,清方坚持重罚违规、违法华商的审判原则。这隐含着安抚朝鲜和规范华商在朝鲜活动的双重含义。朝方在司法审判中不但积极争取司法审判主导权,而且包庇本国人民。事实上,清方所拥有领事裁判权只是一纸具文,在司法审判过程中重视朝方意见,亦不偏袒华商。

In the civil cases,the Qing commercial commissioner followed the principle of strong punishment to Chinese merchants who got out of law,which had the double meanings of pacifying Choson and regulating Chinese. However,the Choson government had an obvious intention for the power of judiciary. Though with the arbitration right,the Qing commissioner still respected the opinions of the Choson government and was not partial to Chinese merchants. On the contrary,the Choson government always insisted on a Choson privilege which led to the general trend of such cases.