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1869年正式成立的上海公共租界会审公廨,在其数十年演变过程中权力日益膨胀,严重地损害了中国的司法主权。收回会审公廨是中国政府和中国人民多年之诉求。1926年中外双方再次展开交涉。初由北京政府外交部与公使团在北京谈判,因中方坚持在上海公共租界设立纯粹的中国法院以取代会审公廨,不再允许领事团及工部局对法院事务施加控制,谈判陷人僵局。其后,上海地方当局与领事团继续交涉,由于中方让步,双方达成了临时解决办法,但中方收回的权益相当有限。尽管如此,收回上海会审公廨作为挽回中国沦丧之司法主权的艰难起步,其积极意义还是值得充分肯定。
The official trial of the Shanghai Public Concession Society, which was formally established in 1869, has been sweeping up its power over decades and has seriously damaged China’s judicial sovereignty. The recovery of the public trial of the court is a long-standing demand of the Chinese government and the Chinese people. In 1926, both sides started negotiations again. At the beginning, the Beijing government held negotiations with the Chinese Ministry of Foreign Affairs in Beijing. As China insists on setting up a pure Chinese court in Shanghai’s concession to replace the public trial, it will no longer allow the consular corps and the labor authority to impose control over the affairs of the court, and the negotiations will be stalled. Since then, the local authorities in Shanghai and the consular missions have continued to negotiate. Since the Chinese side made concessions and the two sides reached an interim solution, the rights and interests recovered by the Chinese side are rather limited. Nevertheless, the positive significance of recalling the Shanghai public prosecutor’s office as the starting point for the restoration of the judicial sovereignty of China’s loss should be fully affirmed.