清末，上海公共租界内华人数量持续增加，随着改良与革命思想的传播，租界内民族主义情绪不断发酵，华洋关系日趋复杂。1869年，公共租界建立会审公廨，采用特殊的会审制度处理华洋诉讼案件。在审案时，中西会审法官无法通过司法途径判决，转而形成华洋交涉频发的态势。 租界当局一直觊觎会审公廨的审判权。他们以设置常驻巡捕、扩大领事陪审官的会审范围和强行更改华人囚犯羁押场所等方式，试图绕过一系列《会审章程》和条约，擅自夺取对界内华人的司法管辖权力。面对外方的步步紧逼，在界内民族主义情绪的推动下，上海地方官联合界内绅商展开了维护公廨权力的抗争。虽然中方在交涉权、事件结果上不敌西方，但积极争取华人权益的举动，开启了公共租界华人参政的先河。 从外方觊觎租界法权到中方努力抗争，双方权力机构内部时常出现矛盾。在外方内部，主要在工部局、外交团之间，因职能和立场不同，出现不同的对华政策。在清政府内部，中央与地方权力的争夺导致解决华洋冲突时步调不一致，无法相互支持与合作。对于中方亦或外方来说，内部矛盾都会消耗整体实力，影响华洋交涉的进程。 华洋交涉难以调和的深层原因，在于中西司法观念和对租界认知的差异。清末法律体系依然处在“前近代时期”，传统司法观念、审判程序以及非人道法律条文与英美现代法系存在巨大差距，致使中外会审双方屡屡意见不合、僵持不下。此外，外方将租界视为“国中之国”，而中方坚持租借地的主权归清政府所有。这是华洋诉讼交涉难以调解的根本原因，也是华洋矛盾的症结所在。 以典型案件的交涉过程为例，以权力机构内部关系为切入点，结合中西观念上的差异，可以从多角度丰富人们对清末上海公共租界华洋诉讼程序、诉讼制度的认识，从而增进对清末华洋关系的多重思考。

At the end of the Qing Dynasty, the number of Chinese in Shanghai International Settlement continued to increase. With the spread of reforms and revolutionary ideas, the nationalist sentiment in the concession continues to ferment and the relationship between Chinese and foreigners becomes increasingly complex. In 1869, the Mixed Court using a special review system to handle lawsuits between Chinese and foreigners was established in Shanghai International Settlement. When the lawsuit could not be judged, it became a kind of negotiation. The Shanghai International Settlement authorities have been coveted the trial power of The Mixed Court. They tried to circumvent a series of “contract articles” and treaties by setting up permanent patrols, expanding the range of convict jury trials, and forcibly changing the places where Chinese prisoners were detained, and arbitrarily seized the jurisdictional power of the Chinese in the borders. Faced with the pressing of foreign forces, the local gentry and merchants and local government launched a struggle to defend the legal rights in the Shanghai Mixed Court of International Settlement. Although Chinese was defeated by the diplomatic power, the move to fight for Chinese rights and interests has opened the door to Chinese participation in public leases. There are often contradictions within the powers of both parties. Inside the foreigners, especially between the Shanghai Municipal Council and the Consular Body of Shanghai, the Diplomatic Corps of Peking. Due to different functions and positions, different policies toward China have emerged. In the Qing government, the competition between the central and local powers caused inconsistencies in resolving the conflicts between Chinese and foreigners. For the Chinese side or the foreign side, the internal contradictions will consume the overall strength and affect the process of the negotiations. The underlying reason why the negotiations between Chinese and foreigners were difficult to reconcile lied in the difference in judicial concepts and perceptions of Shanghai International Settlement. The legal system in the late Qing Dynasty was still in the "pre-modern period". There was a huge gap between traditional judicial concepts, trial procedures and non-human law provisions and the modern legal systems. As a result, the Chinese and foreign reviewers often had different views and stalemate. In addition, the foreigners regarded the concession as a “nation of the country,” and China’s insistence on the sovereignty of the leased property was owned by the government. This is the fundamental reason for the difficulty of mediation in the lawsuit between Chinese and foreigners, and is also the crux of the contradiction between Chinese and foreigners. By taking the negotiation process of a typical case as an example, the internal relations of the authority as the entry point. Combining the differences between Chinese and Western concepts, it can enrich people's understanding of the lawsuit and litigation system of the Shanghai International Settlement from various angles, and thus enhance the multiple reflections on the relationship between Chinese and foreigners in the late Qing Dynasty.