Report of the Commission on Extraterritoriality in China, Peking, September 16, 1926

By Commission on Extraterritoriality in China | Go to book overview
SYNOPSIS OF PARAGRAPHS
PART I. PRESENT PRACTICE OF EXTRATERRITORIALITY IN CHINA
Title Paragraph
I. BRIEF HISTORICAL OUTLINE1
II. SOURCES5
III. FOREIGN COURTS8
(1) In general8
(2) Jurisdiction9
(3) Appeals13
(4) Laws applied14
(5) Prison facilities15
(6) General memoranda on foreign courts16
IV. CHINESE COURTS17
(1) In general17
(2) Jurisdiction and procedure19
(3) Appeals32
(4) Laws applied33
(5) Prison facilities34
V. OBSERVATIONS35
(1) Limitations upon China's jurisdictional freedom36
(2) Multiplicity of courts and diversity of laws37
(3) Inaccessibility of the courts38
(4) Competence and training of the personnel of the foreign courts39
(5) Procedure in appeals40
(6) Immunity of foreigners from the operation of Chinese regulations41
(7) Conflict of laws relating to the nationality of persons of Chinese origin42
(8) Irregular protection of Chinese43
(9) Absence of extradition arrangements45
(10) Inviolability of foreign premises46
(11) Restriction upon travel, trade, and residence47
(12) Mutual assistance between courts48
(13) Lawyers49
(14) Number of foreigners and foreign firms in China50
PART II. LAWS AND JUDICIAL SYSTEM OF CHINA
I. WORK OF CODIFICATION51
II. THE CONSTITUTION53
(1) The Provisional Constitution54
(2) The Constitutional Compact55
(3) The Constitution of 192356
(4) The status of the constitutions since October 192457
(5) The constitutions in their relation to Chinese law58
III. THE LAWS59
(1) Laws and regulations relating to criminal matters59
(i) The provisional criminal code59
(ii) The police offenses law60
(iii) The law relating to morphia62
(iv) The law governing military criminal cases and the law governing naval criminal cases63
(v) The law relating to the suppression of robbery, insurgency, and brigandage64

-xi-

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