| 哈尔滨解放区对外侨案件的审理 |
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| 引用本文： | 孙光妍,孔令秋.哈尔滨解放区对外侨案件的审理[J].法学研究,2012(2):163-178. |
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| 作者姓名： | 孙光妍 孔令秋 |
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| 作者单位： | 黑龙江大学法学院;哈尔滨学院 |
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| 基金项目： | 黑龙江省教育厅人文社科项目的阶段性研究成果,项目名称:《传统与现实的链接—哈尔滨解放区的司法特色研究》,项目编号:12512212 |
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| 摘 要： | 哈尔滨是中国共产党建立稳定政权的第一个国际化大城市,外侨人口众多,犯罪率高,法律纠纷量大。从1946年—1949年,哈尔滨解放区法院受理外侨刑民事案件分别为447件和813件,占其所受理的刑民事案件总数的8.3%和14.7%。法院在涉侨审判中以民国法律、解放区的革命政策法令、苏联法以及外侨的善良风俗作为审判依据,有效地解决了纠纷,维护了社会秩序。
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| 关 键 词： | 哈尔滨解放区 外侨案件审理 革命法制史 |
Trial of the Cases concerning Aliens in Harbin Liberated Areas |
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| Sun Guangyan and Kong Lingqiu.Trial of the Cases concerning Aliens in Harbin Liberated Areas[J].Chinese Journal of Law,2012(2):163-178. |
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| Authors: | Sun Guangyan and Kong Lingqiu |
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| Affiliation: | Sun Guangyan,etc. |
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| Abstract: | Harbin was the first international city where the Chinese Communist Party established a stable regime.There were large alien population and a large amount of legal disputes in Harbin Liberated Areas.From 1946-1949,the courts of Harbin Liberated Areas accepted 447 criminal cases and 813 civil cases concerning aliens,around 8.3% and 14.7% of the total number of criminal and civil cases they accepted.The democratic regime of Harbin Liberated Areas explored and tried many ways to form a multiple trial basis in the practice of the trial of cases concerning aliens. First of all,the courts of Harbin Liberated Areas applied the old law of the Chinese Kuomintang,which was determined not only by the nature of the democratic regime,but also by the needs of the particular situation.Moreover,the prerequisites for the application were that the law was not inconsistent with the democratic principles of Harbin Liberated Areas,and was not in conflict with the revolution policy and ordinance of the Communist Party.Secondly,the application of the policy of the Chinese Communist Party as the basis of trial was a measure under specific context.At the beginning of the establishment of the regime,there were not enough revolutionary legal institutions to adjust the social relations in big cities.Policy instead of the law was a realistic choice with both advantages and disadvantages which should be given a full understanding.Again,the application of the Soviet law in cases concerning aliens had political reasons.It was also inseparable from the historical conditions at that time.Moreover,the court of Harbin Liberated Areas also fully respected to the good customs of aliens,mainly the recognition of the marriage established in the church.The judicial application of the law of the Soviet Union and the foreign customs was an attempt to apply the conflict law.The judicial practice in Harbin Liberated Areas of respecting for and applying the old law,the Soviet law and foreign customs is still a reference in our legislative and judicial practice. |
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| Keywords: | Harbin Liberated Areas the trial of cases concerning aliens the legal history of revolution |
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