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The provisions of the Sino-British Five-Port Trade Charter of 1843 can be said to be the beginning of the consular jurisdiction system in China. The 1844 Sino-American Treaty of Wangxia stipulates that criminal cases between the Chinese and American people shall be handled according to the doctrine of the defendant, and that mixed civil cases between China and the United States shall be "ascertained by the two countries and investigated by public discussion"; Cases between Americans are handled by the US consuls, and lawsuits between Americans and other nationals are handled by the countries concerned, and China is not allowed to intervene. The Sino-French Treaty of 1844, the Treaty of China and Sweden and Norway of 1847, and the Sino-Russian Treaty of 1858 all contain similar provisions.
The Sino-British Treaty of Tientsin of 1858, in addition to the principle of the doctrine of the defendant, also provided for a "triage" system in which "the two countries shall negotiate a fair trial together". The 1876 Sino-British Treaty of Yantai also stipulated that the plaintiff's home country ** could "go to the trial to observe the trial", and if there were different opinions, "could debate in detail one by one".
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Treaty of Huangpu. The main contents are: 1 The French can live permanently in the five treaty ports, be free**, set up consuls, moor military ships, etc.
China is responsible for protecting the family property and goods of the French, and the Chinese are not allowed to bully and infringe. 2 If China changes its customs tariff in the future, it should "agree with France before it can do so." 3 France enjoys consular jurisdiction, and in the event of litigation between French and Chinese or other foreigners, China** is not allowed to intervene.
4 One-sided MFN treatment. 5 The French can build churches and cemeteries in five homes, and they have the obligation to protect the church.
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In 1843, the Sino-British "Five-Port Trade Regulations" and the "Aftermath Clause of Commerce" were the beginning of the consular jurisdiction system in China. , which stipulated: "The British and the Chinese shall negotiate the lawsuits" and "how the British shall be punished shall be agreed upon by the British and sent to the Steward for the law."
How the Chinese people punish the crime should be punished according to the laws of China. ”
In 1844, the Sino-American Treaty of Wangxia extended consular jurisdiction from the five treaty ports to all ports, and further expanded to litigation between foreigners in China. It stipulates that "if there is a dispute or litigation between the Chinese people and the United People, the Chinese people shall be arrested and tried by the Chinese magistrates, and the crimes shall be punished according to Chinese law; Nationals of the United States shall be arrested and tried by consular officers and punished according to the laws of their own country", "Nationals of the United States shall be prosecuted and prosecuted by the consuls and other officials of their own country in the ports of China; If a citizen of the United States is in China and a person from another country** has a dispute over the matter, he shall listen to the two countries and check the matter in accordance with the treaties made by each country, and China** shall not intervene. ”
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Legal Analysis: Treaty of Nanjing, Treaty of Shimonoseki.
Legal basis: Article 1 of the Charter of the United Nations The purposes of the United Nations are:
a) Vitan's command for international peace and security; and, to this end, to adopt effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace; and to adjust or settle by peaceful means, and in accordance with the principles of justice and international law, any international dispute or situation in which the Ashwaganda Rebellion is in order to undermine the peace.
(b) To develop friendly international relations based on respect for the principle of equal rights and self-determination of peoples, and to adopt other appropriate means for the strengthening of universal peace.
(3) To promote international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and to promote and encourage respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
4) To constitute a centre for the coordination of the actions of States in order to achieve the common purposes mentioned above.
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The Sino-British Treaty of Nanking signed on August 29, 1842.
Sino-British Treaty of Nanking (no longer in force).
Article 2 From now on, the Emperor will allow the British people to bring their families and their families to live in the five ports along the coast of the Qing Dynasty, including Guangzhou, Fuzhou, Xiamen, Ningbo, and Shanghai, and there will be no hindrance to trade; In addition, the British monarch appointed consuls, stewards and other officials to live in the five cities, to be in charge of business affairs, and to communicate with the magistrates of the prefectures; The British were ordered to pay the excise tax, money and other fees clearly according to the following article.
Article 3 Because the British merchant ships traveled long distances to the sea, there were often damage that had to be repaired, and they should be given a place along the coast for the purpose of repairing the ships and storing the materials used. Today, the Emperor Brigadier General gave the island of Hong Kong to the British monarch and heir, Chang Yuan, who was the heir to the throne, and left it to be governed by legislation.
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Legal Analysis: Sino-British Treaty of Nanking of 29 August 1842.
Legal basis: Sino-British Treaty of Nanking (lapsed).
Article 2 From now on, the Emperor will allow the British people to bring their families and send them to the five ports along the coast of the Qing Dynasty, including Guangzhou, Fuzhou, Xiamen, Ningbo, and Shanghai, and there will be no hindrance to trade; In addition, the British Pure Monarch sent consuls, stewards and other officials to live in the five cities, to be in charge of business affairs, and to communicate with the officials of each place; The British were ordered to pay the excise tax, money and other fees clearly according to the following article.
Article 3 Because the British merchant ships traveled long distances to the sea, there were often damage that had to be repaired, and they should be given a place along the coast for the purpose of repairing the ships and storing the materials used. The present Brigadier General gave the island of Hong Kong to the British monarch and hereditary ruler, Chang Yuan, who was in charge of the throne, and was allowed to legislate and govern it.
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Topic: A good topic] In modern times, China's judicial sovereignty has been undermined, and the treaties stipulating that foreign countries enjoy consular jurisdiction are.
In the year of the British "Five-Mouth Trade Regulations".
Treaty of Mong-Ha
Beijing Treaty
Treaty of Shimonoseki
Answer: a, b
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