Study of the Institution of Sino-foreign civil case court in late Qing and Early Republican China

2014 Fiscal Year Final Research Report

• Project/Area Number: 22530016
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Waseda University
• Principal Investigator: MOTONO Eiichi 早稲田大学, 政治経済学術院, 教授 (20183973)
• Project Period (FY): 2010-04-01 – 2015-03-31
• Keywords: 渉外民事訴訟 / 契約違反 / 債権債務訴訟 / 買辦 / 保証人 / 上海商事公断處

Outline of Final Research Achievements

I analyzed what took place when Chinese creditors sued their British surety firm for collecting debt from their Chinese debtors; and what took place when Western firms, mainly American firms did their Chinese sureties for contract breach in the early twentieth century. In the former case, I analyzed one typical case, "Tung Ta, Hung Yuen, Tsing Chong, Ye Tung-theong and Vow Cheng Banks v. the Chartered Ban of India, Australia and China, 1904-1907," and revealed once a Western firm was arranged to be a surety of their Chinese comprador, they were forced to guarantee the debt of their Chinese comprador's debt whatever the unfavorable condition. Meanwhile, analyzing various civil cases between US firms and their Chinese debtors and surety for contracting breach, I revealed these cases brought about the establishing of Chinese commercial court in 1918.

Free Research Field

中国近代社会経済史