young marshal spring and autumn

The interrogation of the main messenger of the "May [-]th Massacre", the chief inspector of the British Concession, Mai Gaoyun, and the arrester Ai Fusheng, who were arrested by the Shanghai People's Government and the People's Army, was full of twists and turns.On the grounds of the so-called "consular jurisdiction", the British government demanded that the government of the Republic of China hand over the two men and try them by the British instead.Smith, the British Consul General in Shanghai, even said arrogantly that "the Chinese in the concession have no right to interrogate foreigners, this is a tradition"!

The so-called "consular jurisdiction" refers to the system in which a country exercises jurisdiction over its nationals in the territory of another country in accordance with its own laws through its consulates stationed abroad.This is a kind of extraterritorial right, and its existence constitutes an exception or violation of the territorial superiority of the state.

Initially, after the Crusades (11th-13th centuries), Western countries began to implement this system in Eastern countries.Merchants from European countries who settled in the Eastern countries at that time elected consuls among themselves to deal with the disputes among the merchants of their own countries.With the development of history, the consular power of Western countries has been expanded. In the 19th century, through unequal treaties, they imposed the consular jurisdiction system on Asian and African countries - China, Japan, Siam (Thailand), Persia, Egypt etc., causing serious damage to the territorial sovereignty of these countries.

In the modern history of China, the abolition of consular jurisdiction has always been written in the pursuit of patriotism and national salvation struggle.Consular jurisdiction is a privileged system imposed by imperialist powers on colonies and semi-colonies.According to this unequal system, the aliens of the colonial country are not subject to the laws of the country of residence, which opens the door for the great powers to arbitrarily oppress and enslave the people of the colonial and semi-colonial countries, and they can do whatever they want without taking responsibility.The specific manifestation is that when an expatriate commits a crime in the country of residence or becomes a defendant in a civil lawsuit, it is only tried by the consulate or court of the country of residence in accordance with the laws of the country of residence, but the country of residence cannot pursue its legal responsibility according to law.

The country that suffered the longest and most deeply affected by the consular jurisdiction system imposed by Western countries is China. In 1843, the Sino-British "Five-Port Trade Regulations" can be said to be the beginning of the consular jurisdiction system in China. The 1844 "Sino-US Wangxia Treaty" stipulated that criminal cases between Chinese and American people should be handled according to the principle of defendants, and mixed civil cases between China and the United States should be investigated by "officials of the two countries and seized by public discussion"; cases between Americans should be handled by the US consul. For litigation between Americans and people from other countries, officials of the relevant countries will handle it themselves, and Chinese officials are not allowed to intervene. The 1844 Sino-French Treaty, the 1847 Sino-Sweden-Norwegian Treaty, and the 1858 Sino-Russian Treaty all had similar provisions. In 1858, the Sino-British "Tianjin Treaty", in addition to the principle of defendant doctrine, also stipulated the "Joint Trial" system in which "negotiation events between the two countries must be judged jointly and fairly". In 1876, the Sino-British Treaty of Yantai stipulated that officials of the plaintiff's country could "go to the trial officials to observe the trial", and if they had different opinions, they could "debate in detail".Others include the "Whampoa Treaty" between China and France, the "Ili Talbahatai Commercial Charter" that Tsarist Russia forced the Qing government to sign in 1851, and the "Principles of Russian Government Supervision of Manchuria" concocted by Tsarist Russia in 1900. Among a series of unequal treaties, Both have provisions for the powers to seize consular jurisdiction in China.

In addition to the above-mentioned treaties, many Western countries have also obtained consular jurisdiction in China by citing the most-favored-nation clause.There are more than 20 countries that once enjoyed consular jurisdiction in China, namely Britain, France, the United States, Russia, Germany, Japan, Austria-Hungary, Italy, Belgium, Spain, Portugal, Denmark, Norway, Netherlands, Peru, Mexico, Chile, Sweden, Switzerland, Brazil, etc.The extraterritorial jurisdiction enjoyed by foreign countries in China is exercised not only by courts composed of consulates in China, but also by specially established courts.For example, the U.S. established a court in China according to the legislation passed by Congress in 1906, and its status in the U.S. judicial system is equal to that of the Federal District Court.According to the Order of the Privy Council in 1925, the United Kingdom established the Supreme Court in Shanghai, and set up a provincial court in each consular district outside Shanghai, with the consul in charge serving as the chief judge.

In order to realize the above-mentioned methods of "observation and trial" and "joint trial", a joint trial public office system was established (see the joint trial court).What's more, the original mutual viewing of trials has changed to only allowing foreign consuls to go to Chinese government offices to watch the trials of cases involving foreigners as plaintiffs, while Chinese officials are not allowed to go to the consular court to watch trials of cases involving Chinese plaintiffs.The joint trial also greatly exceeded the provisions of the original treaty.Foreign consuls not only intervened in the litigation cases of Sino-foreign negotiations, but also usurped the jurisdiction of the litigation cases in the concession that were purely between Chinese.

The purpose of establishing the joint trial office is to serve as a court to review the activities of the Ministry of Industry and Commerce.The bureau, which wields real power and is largely independent, is made up of five Britons, two Americans and two Japanese.The Ministry of Industry has no Chinese representation, even though in 1925 the Chinese accounted for as much as 90.00% of the concession population1854.These management regulations of the public concession were formally formed in the "Land Regulations" in 1869, and after major revisions in 1898 and [-], they established the Bureau of the Ministry of Industry and the Joint Audit Office.The Tribunal is composed of diplomatic representatives from the United Kingdom, the United States, France, Japan, Brazil, Denmark, Italy, Mexico, the Netherlands, Norway, Portugal, Sweden, Switzerland and Spain.Representatives of Germany and Russia also participated in the joint trial, but due to the outbreak of World War I, German and Russian nationals lost their extraterritorial rights, so the diplomatic representatives of the two countries no longer participated in the joint trial.

正史上领事裁判权制度于1890年首先在日本得到废除，原因是明治维新后日本的强大。其后土耳其于1923年、暹罗（今泰国）于1927年、波斯于1928年、埃及于1937年，中国经两次世界大战，先后予以废除（1943年5月20日，当时的国民党政府取消了美、英两国在华领事裁判权及有关特权。此时至1843年中英《五口通商章程》整整100年）。第二次世界大战后，这一与国家主权原则根本不兼容的特权制度才得已在全世界废除。

China's large-scale anti-imperialist patriotic movement "May [-]th Movement" shocked the whole world, and it also reminded the people of the country: imperialism really treats China as nothing; Britain, the empire on which the sun never sets, dare not underestimate it.

Taking advantage of this shareholder style, the rent-collection campaign went smoothly. After Hankou, Jiujiang and other British concessions were taken back one after another, Zhang Hanqing, on behalf of the People’s Party and the government, responded to the strong voice of the working class and proposed to abolish the so-called “consular judgment” against China by the imperialist countries. rights" justice demands.Because China's unification trend is inevitable, especially after the big powers have recognized the legal political status of the Republic of China, consular jurisdiction, a typical privilege system that is contrary to the integrity of sovereignty, is somewhat inappropriate in China.In China, which has been successively recognized by major countries, foreigners enjoy consular jurisdiction, which is an insult to the country.In addition, even a small country like Thailand in Asia can do it, why should China, which is already powerful, be humiliated in this way?

But with China's national strength, even a passionate young man like Zhang Hanqing finds it difficult to make such a request hastily. In the official history, the government of the Republic of China has made a lot of efforts to this end, but to no avail.

In 1919, when China participated in the Paris Peace Conference as a representative of the victorious country, it proposed to abandon the sphere of influence, withdraw foreign troops, abolish foreign post offices and wired and wireless telegraph offices, and abolish consular jurisdiction in the post "China Hope Conditions" , return of leased land, return of concessions, customs autonomy and other requirements.The chairman of the Paris Peace Conference and French Prime Minister Clemenceau, entrusted by the Peace Conference, called Chinese Foreign Minister Lu Zongxiang on May 1919, 5. Regarding the various demands made by China, "at best, it recognizes the importance of this issue, but it cannot be considered that it is within the purview of the Peace Conference." Please wait until the administrative department of the foreign federation can exercise its functions and powers, please pay attention to it.”This is the first time that China proposed to abolish consular jurisdiction and other aggression rights in the world, but it failed immediately.

Afterwards, Jiang Yong, a famous jurist, wrote the declaration "Abolition of Consular Jurisdiction" (1921) drafted by the Pacific Conference (Washington Conference). The abolition of consular jurisdiction is "not easy to achieve".He argued that if this happens unfortunately, "gradualism" should be adopted, and the abolition "maybe with considerable conditions"; once these conditions are met, countries must abolish consular jurisdiction (later facts proved that the author foreseeable).The author also pointed out that "judicial improvement is a matter of life and property of [-] million people in the country. Although there is no external stimulus, it should be done resolutely and spare no effort." too optimistic.Because the concessions are still there, it will take time for China to move towards full independence.Jiang Yong also had a good understanding of the international situation at that time, so although it is only a small booklet, it has a lot of insights, which are worth noting.

In official history, after the Washington Conference, the Chinese government compiled and published the internally issued document "Washington Conference Proceedings and Resolutions Concerning Extraterritorial Jurisdiction in China" (1921), which mentioned the progress of various countries in abolishing consular jurisdiction: the participating countries "allowed China to The Government, in order to carry out its expressed desire to improve the judicial system, with a view to equalizing the western countries, declares that it is ready to give up its extraterritorial rights as soon as China's legal status, the method of implementing this law, and other matters are satisfied.It was also at this meeting that it was decided that after the meeting, various countries would send personnel to set up a China Legal Rights Investigation Committee to go to China for investigation and guidance.But the committee didn't go to China until 1926.

However, consular jurisdiction is not irrevocable. Japan canceled all foreign privileges after the Sino-Japanese War.What China can emulate is that China needs a victorious war to reflect China's strength. In history, after China's liberation war, these privileges burst like soap bubbles after shining in the sun with all kinds of colors.

Now, Zhang Hanqing wants to complete this kind of change that concerns the dignity of the Chinese people ahead of schedule.

This premise is that Mai Gaoyun and Ai Fusheng should be tried by the Chinese judiciary.

The British Empire is a lean camel that is bigger than a horse. If the Chinese government is allowed to try these two people, it will undoubtedly lose face; and in a sense, if this practice becomes a reality, the "consular jurisdiction" will come to an end , which has virtually disappeared in China.

"Extraordinary, extraordinarily, the Shanghai High Court will try the British in Shanghai!", "Taking this opportunity, the Chinese government will take back the consular jurisdiction of the great powers in China."Newsboys all over the street waved urgently printed newspapers, spreading the news like wind outside the Bund, north and south, and up and down the Yellow River. It quickly became an important reference for European and American politicians to judge China's future situation.

Unsurprisingly, the British government strongly protested, but this statement was so weak to Zhang Hanqing.Yes, after experiencing the "May [-]th Massacre", the people's government has become more and more satisfied with the power in its hands, and it has become more and more tough.What about the empire on which the sun never sets?The sky is high and the emperor is far away, and he is also acting fiercely at my doorstep. Do you think the current government of the Republic of China is from the time of the Qing Dynasty?

The high-pressure policy against China is definitely ineffective, and this has been proven.After expressing its "opinion" in a high-profile manner, the British government privately sent an intermediary to seek a compromise from the Republic of China government.That is to say, both lining and face are needed.

You have to rely on strength to earn face. You, the British, provoked it. Why should the Chinese government give you the finishing touches?You have a reason to save face, how can I explain to the Chinese people?Zhang Hanqing rejected any private compromise ideas and lobbying. His external reason was that the government must never interfere with the court's judgment. You must know that China is a democratic country with separation of powers and a country ruled by law. "The government will never interfere with judicial justice." .Even if foreigners break the law in China, they should be dealt with by Chinese courts according to law.

Of course, Zhang Hanqing did not completely close the door to peace talks.

Because of the decisive actions of the East China People's Army, the "May [-]th Massacre" in this world is not as humiliating as in the previous life, and it seems that more British people died in the conflict.But Zhang Hanqing will not have the slightest sympathy. There are many Chinese people, but they all have dignity.His answer to the intermediary was that the perpetrators of the tragedy should not be easily let go, and this cannot be explained to the people of the country.

Of course, it is unrealistic to be aggressive and ignore the face of the British: no one can estimate the bottom line of the United Kingdom for China in the present time and space, and in this era, the recovery of the concession and the containment of Japan are still inseparable from the cooperation of the United Kingdom. Therefore, how to maximize the posture of the people's government and not lead to the final war also requires considerable attention.The strength of the current Republic of China government is not as strong as that of the old Maozi when he defeated the Soviet Union to resist the United States and taught the three of them a lesson.

Through private channels, Zhang Hanqing expressed the goodwill of the central government to quickly resolve the situation, but he emphasized that the interrogation and judgment should be led by China to comfort the hearts of the people. This is the bottom line that the People's Party government cannot retreat.In return, the Chinese government will step back on the issue of the British Concession, that is, allow the UK to continue to retain Shanghai, Tianjin, and Guangzhou, and give the UK a guarantee on the Hong Kong issue; as a premise, the UK must clearly recognize China’s sovereignty. The reward is, China recognized Britain's right to govern, that is, "exchanging sovereignty for governing power", in order to dilute the colonial color of the concession.

Zhang Hanqing's approach made the British government very painful: this is a gradual pressure, if it is good, everyone is good; if it is not good, the escalation will explode within the visible range.Through a series of tough handling methods after the tragedy, the British government understands that unless there is a large-scale war between China and Britain, it is impossible for the young People's Party government to make unprincipled concessions.This is also the last time the British government only emphasized that the trial "should be conducted under the supervision of British and American personnel, ensure fair treatment, and respect the human rights of British citizens."

Fart human rights!But now is not the time to pay attention to this. Western countries headed by the United States have stumbled China once or twice on the issue of human rights in later generations. The United States only hummed weakly when it released the white paper in the New Year, and was questioned by the Chinese government.Without him, a reversal of force results.

The Chinese and British governments have tacitly set the tone, and the trial is going on. However, consciously or unconsciously, the public opinion of the People’s Party is biased towards the subsequent independent tariff negotiations. One of the signs of growing stronger is that the main editorial is finally reflected more in the trial results themselves, rather than on the line.

However, taking this as an opportunity, China and Britain signed the "Code of Conduct for British Citizens in China and the Territorial Principles of Judiciary", which recognized the requirements of the British to abide by Chinese laws.The expected victory made Zhang Hanqing determined to take advantage of the victory and pursue it. He asked the big powers to use this as a model to actually downplay the essence of the concession, so as to note to the governments of various countries and negotiate a new plan for the management of the concession.

In all fairness, if the People's Party of this generation had not had more and more tough means and power in its hands, this kind of appeal should have been "weightless" to the big powers, and it would be impossible to defend the fact that China is still a second-rate country .As an important part of enhancing national self-esteem and self-confidence, Zhang Hanqing personally arranged and led this negotiation, which was scornfully called "Don Quixote" by some domestic Anglo-American slaves and foreign observers.

But what surprised them was that Western countries led by the United States took the lead in agreeing to pass the "Regulations on the Implementation of Jurisdiction over Foreigners in China" and the "Agreement on the Establishment of Chinese Courts in the French Concession of Shanghai", followed by the "Regulations on the Republic of China" between China and Japan. The Treaty on Basic Relations with Japan was also born one after another.Although these new agreements still retain many provisions, and have not finally completely eliminated China's extraterritorial rights, such concessions were unimaginable before.Zhang Hanqing also knows very well that as long as China's national strength cannot awe these foreign people, it should be noted that the negotiation will still be a marathon, unless there is a stormy revolution.

Zhang Hanqing has deep confidence in this revolution.