试题与答案

1903年5月1日,在上海英租界发行的《苏报》刊载邹容的《革命军》自序和章炳麟的《客

题型:单项选择题

题目:

1903年5月1日,在上海英租界发行的《苏报》刊载邹容的《革命军》自序和章炳麟的《客帝篇》,公开倡导革命,排斥满人。5月14日,《苏报》又指出:《革命军》宗旨专在驱除满族,光复中国。清廷谕令两江总督照会租界当局严加查办,于6月底逮捕章炳麟,不久,邹容自动投案。由谳员孙建臣、上海知县汪瑶庭、英国副领事三人组成的审判庭对邹容等人进行审理,最后判处章炳麟徒刑三年,邹容徒刑两年。对这一案件的说法,下列哪一选项是正确的( )

A.这表明清廷实行公开审判原则
B.这表明外国人在租界内对中国司法裁判权的直接干涉
C.这表明外国人在租界内的领事裁判权受到了限制
D.这表明清廷变法修律得到了国际社会的承认

答案:

参考答案:B

解析:[考点] 领事裁判权;观审;会审公廨
[详解] 领事裁判权又称“治外法权”,是外国侵略者在强迫中国订立的不平等条约中所规定的一种司法特权。凡在中国享有领事裁判权的国家,其在中国的侨民不受中国法律管辖,只由该国的领事或设在中国的司法机构依其本国法律裁判。其后,观审制度进一步扩充领事裁判权,即外国人是原告的案件,其所属国领事官员也有权前往观审,如认为审判、判决有不妥之处,可以提出新证据等。1864年清廷与英、美、法三国驻上海领事协议在租界内设立的特殊审判机关。凡涉及外国人案件,必须有领事官员参加会审;凡中国人与外国人之间诉讼案,由本国领事裁判或陪审,甚至租界内纯属中国人之间的诉讼也由外国领事观审并操纵判决。它的确立,是外国在华领事裁判权的扩充和延伸。B为正确答案。

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