Analysis of the Path of Dali Academy in Its Struggle against"Extraterritoriality"in the Early Period of Republic of China——Centered on Civil Case Collection of the Dali Academy
Analysis of the Path of Dali Academy in Its Struggle against"Extraterritoriality"in the Early Period of Republic of China——Centered on Civil Case Collection of the Dali Academy
Since the Tang Dynasty,China had developed a tradition of"judicial sovereignty"in foreign-related legal cases,based on the principle of"territory".However,the defeat in the Opium Wars in modem history disrupted the exist-ing principles related to foreign affairs laws.The western powers subverted the traditional judicial sovereignty with"extra-territorial rights";in response,the Dali Academy aimed at the recovery of these rights and transformed itself from the for-mer"institute"system to a court of law.The Dali Academy took advantage of the gaps between trial procedures and admin-istrative regulations,referred on international private laws,and selectively adopted theories favorable to its interests.It sought jurisdiction over cases and applied Chinese law as the legal basis to legitimately exercise Chinese judicial authority.At the same time,the Dali Academy corrected trial outcomes of cases that excessively favored foreigners,thereby mitigating the intrusion of"extraterritorial rights"over Chinese judiciary.
关键词
大理院/治外法权/司法主权/抵制路径
Key words
Dali Academy/extraterritoriality/judiciary sovereignty/path of resistance
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