The Whip of the Empire and the Chain of the Oligarchy--A Study on the Evolution of Power Relations in the Shanghai Mixed 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 stereotype of colonial oppression and explores the historical background of the Public Review Court from geographical, cultural, and legal perspectives, as well as its interactive relationship with the process of the Shanghai Concession's transformation into a modern metropolis. 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 and foreign authorities in the Concession. From the experience of the Public Review Court, important insights into social control can be gained: the mindset and models of social control in each society have their significance and are closely tied 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 operating outside the law are even more significant and require deeper reflection on their advantages and disadvantages.