The Whip of the Empire and the Chain of the Oligarchy (A Study on the Evolution of Power Relations in the Shanghai Public Court)

Author: Yang Xiangjun
Publisher:
Publish Date: 2006-01-01
Features: The Shanghai Public Review Court was established in the 19th century in the Shanghai Concession, with the primary responsibility of adjudicating civil and criminal cases involving Chinese residents in the concession. Due to the significant factor of "joint trial with foreigners," this institution, which should have been a traditional Chinese court, was forced to become a field of confrontation and integration between two different legal cultures. This paper breaks free from the conventional framework of colonial oppression and explores the formation background of the Public Review Court from geographical, cultural, and legal cultural perspectives, as well as its interactive relationship with the process of the Shanghai Concession advancing toward modern urbanization. Using the Public Review Court as a medium, it observes the changes in the power dynamics between Chinese and foreign authorities, as well as the shifts in the power relations between Chinese residents in the concession and foreign authorities. From the experience of the Public Review Court, important insights into social control can be gained: the social control mindset and models of each society have their significance and are responsive to the circumstances of the time, and their power base may not necessarily stem from legal norms. In contemporary societies striving for the rule of law, these powers hidden outside the law are even more indispensable and require deeper reflection on their pros and cons.