二
同治九年(1870)的天津教案让直隶总督第一次直面洋律师出庭代理案件的新情况。
The Tianjin Religious Case in 1870 allowed Zhili Governor to face the new situation of foreign lawyers appearing in court for the first time.
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清朝官员审案场景
Qing Dynasty officials trial scene
西方律师辩护思想的输入天津是与划定租界后的领事裁判权紧密联系在一起的。天津最早的会审公堂在紫竹林租界一带,而怡和洋行的洋律师也随着咸丰十年(1860)的天津开埠而活跃起来。同治九年爆发了震惊中外的天津教案,民众杀死法国领事丰大业、火烧望海楼教堂,险些引发战争。在侵略军大兵压境的情况下,曾国藩选择了委曲求全,他用死刑犯调包教案中的犯人,凑够人数在西大道公开问斩。西方列强的洋律师团首次进入天津的法庭参加诉讼,这个案件也对清政府产生了深远的影响。按照清廷的行事风格,领事、神父、洋商等多人被杀的惊天大案,肇事者早就应该“斩立决”了,可洋人偏要“遵循程序”,派出了律师公堂诉讼、质问对诘。这不得不令有识之士深思,也最终令清政府在世纪之交开启了改良司法、建立律师制度的革新之路。
The introduction of western lawyers' defense ideas in Tianjin is closely related to the consular jurisdiction after the delimitation of the concession.The earliest adjudicative office in Tianjin was in the Zizhulin concession area, and the foreign lawyer of Jardine Matheson also became active with the opening of Tianjin in 1860.In 1870, the Tianjin Religious Case that shocked both China and foreign countries broke out.The people killed the French consul Fontanier and burned the Church of Our Lady of Victory, almost triggering a war.When the invading army was under pressure, Zeng Guofan replaced the prisoners in the Religious Case with the death row prisoners, and made up enough people and kill on West Avenue.For the first time, a group of foreign lawyers from western powers entered a court in Tianjin to participate in litigation.This case also had a profound impact on the Qing government.According to the Qing court's style of acting, the consuls, priests,foreign merchants and other people were killed in a shocking case.The perpetrators should have “executed the decision” long ago, but the foreigners had to “follow the procedure” and sent a lawyer to litigate and question in court.This had to make people of insight think deeply, and finally led the Qing government to open the road of reforms such as improving the judiciary and establishing a lawyer system at the turn of the century.