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晚清时期,外国领事利用不平等条约获得了华洋诉讼的会审权。上海会审公廨是近代中外会审制度的典型代表,其中华洋法官的法律知识和司法经验来自东西方不同的法律传统,直接影响了华洋纠纷的审判风格。以上海法租界会审公廨为例,中方谳员入职前的职务多与上海地方司法事务密切相关,他们有一定的司法经验,甚至不乏审理华洋诉讼的经历。法国陪审拥有法学本科学位,精通民商法和国际法。双方在审理华洋诉讼中的合作,融合了大陆法传统和清代地方司法实践,形成了限制律师角色、尊重地方习惯和拒绝援引中西判例断案的审判风格。与深受普通法影响的公共租界会审公廨相比,法租界会审公廨在上海表现出更强的适应性,构成晚清中外会审制度的一个重要面相。
In the late Qing Dynasty, foreign consular members obtained the right of review of Huayang litigation by using the unequal treaties. The Court of Representative Examination in Shanghai is a typical representative of the system of congressional trial in both China and foreign countries. Judges from the Western and Eastern jurisdictions have different legal traditions and legal experiences, which directly influence the trial style of the disputes in the Huayang Disputes. For example, in the trial of public funds in the French Concession in Shanghai, most of the positions held by Chinese clerks before they took office are closely related to the local judicial affairs in Shanghai. They have some experience in the administration of justice and even experience in trial of Huayang Litigation. French jury has an undergraduate degree in law, specializing in civil and commercial law and international law. The cooperation between the two parties in hearing Huayang’s lawsuit merged the traditions of the continental law with the local judicial practice in the Qing Dynasty and formed the trial style of restricting the lawyer’s role, respecting local customs and refusing to invoke the case of East-West jurisprudence. Compared with the public trial in the Concession, which affected by the common law, the trial court in the French Concession showed a stronger adaptability in Shanghai and constituted an important aspect of the system of hearing the trial in both China and foreign countries in late Qing Dynasty.