摘要
上海公共租界會審公廨的審判官包括中國讞員和外籍陪審官。會審公廨存在的六十三年（1864-1927），中外審判官之間關係複雜多變，合作與牴牾並存，貌似敦睦和諧卻蘊藏矛盾衝突，主要體現於雙方「會審」的裁判之中。裁判衝突表現多樣，解決方式不一，而衝突的原因更為複雜，既有中西法律觀念之間的衝突，亦有中外雙方利益取向的差異，更有會審公廨深層的社會背景，還有審判官自身的個性特質使然。
The judges of the Mixed Court of the International Settlement in Shanghai included Chinese Magistrates and non-Chinese Assessors. During the 63 years of the history of the Mixed Court (1864-1927), the interactions between the Chinese and non-Chinese judges had ups and downs and never lacked complexity. They never really came to terms with each other in their trial practices despite a seemingly harmonious ambience all the way through. The causes of their conflicts were complex and to a large extent derived from the clashes between Chinese and western legal values, some underlying profound social-political reasons and the difference in the personality traits of the judges.
關鍵詞
會審公廨、審判官、裁判衝突、利益取向
Mixed Courts, Judges, Conflict, Values
