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19世纪中叶,英国政府为了处理各类城市环境污染,借用普通法传统中的“妨害”概念制订了《妨害消除法》,以解决公共卫生问题。工部局在管理上海租界时,借鉴了英国的《妨害消除法》修订《土地章程》及其附律,并根据上海华洋杂处的特殊情况做出了相应的调整。工部局通过妨害治理立法、行政制度设计和司法惩诫,基本满足了城市发展过程中对维护公共卫生和公共秩序的需要。在妨害治理的实践过程中,工部局的行政制度逐步完善,最终在19世纪末分化出近代意义上的公共卫生机构。妨害治理为了维护西方“文明观”和公共行为规范,对租界华人居民进行规训,强迫其改变生活方式,也在一定程度上反映了租界中华洋居民不平等的权力关系。
In the mid-19th century, in order to deal with various kinds of environmental pollution in cities, the British government made use of the concept of “nuisance ” in the common law tradition to formulate the “Law on Suppression and Elimination” to solve public health problems. When managing the concession in Shanghai, the Ministry of Industry and Trade drew on the British “Obstruction Elimination Law” to amend the “Land Charter” and its appendices and made corresponding adjustments according to the special circumstances of Shanghai Huayang Miscellaneous Office. The Bureau of Public Security Bureau basically met the needs of safeguarding public health and public order in the process of urban development through the legislation of obstruction of governance, the design of administrative system and judicial punishments. In the course of practice of obstructing governance, the administrative system of the Bureau of the Ministry of Industry and Labor gradually improved and eventually broke down the public health institutions in the modern sense in the late 19th century. Disruptive Governance In order to safeguard the Western “civilized viewpoint” and norms of public behavior, disciplining Chinese residents in the concession and forcing them to change their lifestyles, to a certain extent, reflects the unequal power relations among the Chinese inhabitants in the concession.