Late Qing Dynasty understanding international law
February 05, 2024 Source: "China Social Sciences", February 5, 2024, Issue 2830, 2830

Although we say that the practice of the late Qing Dynasty is the beginning of Western law enters China,But the knowledge of international law was introduced into China,Earlier than other knowledge of law。China's needs for Western law,First of all, the needs of international law。So what is the direct import of international law? The answer is -diplomatic。

After the national gate was opened in 1840,The powers of the powers use international law and business law in diplomacy,Sometimes the basis,Sometimes as a guise。The Qing court and their officials do not know what the diplomacy is。Suddenly encountering Western without knowledge preparation,From blind confidence to blind rejection to blind fear。When people "negotiate" in Chinese to represent diplomatic affairs,I don’t know when to start。Current information indicates,In 1875, Shanghai "Declaration" has used the term "negotiation" ("Western Performance Chinese Friendship Involved",Deilled June 20, 1879)。"The Story of the Official Power" was the ninth time Zeng Yun: "Do not negotiate with foreigners,Tuchi is very smooth。"The earliest diplomatic position in Japan was established in 1845 (the second year of Honghua, Japan),Daqing only officially established "Prime Minister's Affairs Gate"。But the specialty of diplomatic specialty,Only one person can be regarded as the Daqing diplomatic leader,He is Pu Anchen。His "doing peace,Overse the general China and foreign countries ",The Daqing Empire is convenient for the six years of Tongzhi (1867) in November, appointed him as "the Minister of Foreign Affairs in various countries" (the 86th of Bet365 app download the Chinese Church New News)。This Pu Anchen is an American diplomat from a lawyer,It is the 13th American ambassador to President Lincoln。He was actually appointed by the Chinese government,Let him endorses Chinese in diplomacy,The reason is that only he understands international law。At that time, there was no word "international law" in China at that time,to 1873,Still Japanese scholar Mu Zuolinxiang (1846-1897) translated the International LAW in Chinese into "International Law"。But most Chinese officials in the late Qing Dynasty do not know what international law is。

American missionary Ding Yiliang, who lives in China and works in 62 years (1850-1916),Since 1864, "Chuan" in China "teaching"。He uses the "attached theory" method often used by Chinese knowledge,"Elements of International Law" and Confucian scriptures for "Elements of International Law",To persuade the Chinese- "Public Law" is also the Chinese people。In 1867, Ding Yiliang was hired as a teacher of Jingshi Tongwen Museum,Discussion of "Public Law of the Public"。until 1879,Students from Tongwen Museum participated in public law candidates with 9 people,8 in 1888,12 in 1893。This is a book about international order,Provide the Chinese with a completely different "world" concept。Prince Gong's request for this book to allow the publishing and publishing memorials,"As each other is not destroyed with each other",Only know this book。He believes that foreigners and us have dealt with "theft of Chinese language" and books,"Often debate incidents,Aid according to the difficulties of the Chinese classics "(" Tongzhi DPRK's preparation for the beginning and end "Volume 27。This original member of the official urgent need of international law,It also illustrates the original intention of the Public Law of the bet365 Play online games World -as a means of "attacking the opponent" as a diplomacy。Prince Gong's understanding of international law only stays in the tool consciousness of "negotiation" and "calculation" (Sato Shinichi: "Intellectuals and Civilization of Modern China")。

Read the West、People who understand the world,Only understand the meaning of international law。Xue Fu was born in 1889 to the four European countries,Three years later he wrote in his diary,I originally thought that "foreign human temperament is rigid,Due to rituals。and even Europe,Transfer with foreign countries,Knowing that it should deal with various things,Quite a certain criterion "(Xue Fucheng:" The Diary of the Ambassador "June 20, Eighteenth year of Guangxu)。He thinks,In order to promote countries to change attitude towards China,First of all, it is necessary to change the attitude by yourself- "All countries negotiating,Treaty Hall and Those and Those,Walking on a contract。The treaty is not too late,Break according to the reason "(" British Oceania · Liquidity II ")。In 1894, Xue Fucheng played above,A qualified diplomat should be "suitable for the situation、Things、Gonggong Law、Review Chapter "(Xue Fucheng:" Yong Yong Overseas Culture "(Vol. 3)。"Public Law" is the International Public Law。Prince Gong and Xue Fu Chengdu advocated that diplomats should start from learning to master the Public Law。But Prince Gong regards the public law of the Public Law as an attack and "calculating" the other party's weapon,And Xue Fusheng regards the public law ofom Public Law as "Xinyi and Contract" in diplomacy,Xue's believes "Make a Sophomore,Quay "to treat them,It will cause their distrust。Later,Foreigners also found this change,"Wake up,Gradually know that the absence of extraordinary old -fashioned "(Shangdian Wannian:" Bet365 lotto review About the Qing Student Student Student ")。Xue's in "On the Harm of China on Public Law" has such a discussion: "At the beginning of the contract between China and the West,I don’t know why the Public Law of the Public Law。Sometimes the Western Aid Public Law is responsible for each other,Bingjun responded to: ‘I’ m not willing to enter the public law,Chinese and Western Vulgar,How can it be strong; Ernc Public Law,I really don’t know。,West people say that China is a country outside the public,The right to enjoy in public law,阙 与 与。"(" Hubei Official Daily "1905, No. 2) Xue Fucheng's criticism,It is the "Chinese characteristics theory" of officials in the late Qing Dynasty,It also revealed that the harm of China's non -(international) public law lies in the right of public law。But such high opinions did not get the understanding and attention of the Qing court at the time。

Chinese people who have knowledge realize the importance of international law,Start spreading the International Law。For example, Wu Rulun, a representative of Tongcheng School, from 1890,Host Lianchi Academy for more than 10 years,In the meantime, the western academic reform of the academy curriculum,Facing 12、13 -year -old middle school school offers Western studies,Among them, there are "Public Law of the Public Law", "Public Law Come", "Public Law Complete Light", etc.; For 16、The 17 -year -old college hall of Western Studies offer "the theory of negotiations between countries", "French laws," and "History of Maritime Power" and other courses。This is the earliest example of a professor of legal knowledge。other,Hunan Shishi Academy founded by the Weixin School in 1897 also studied in public law and special studies,Open the "Public Law of the Kingdom"。According to 1898 "Hunan News",Tang Cai often founded the bet365 Play online games "Public Law Society" in Changsha,and formulate charter。About the establishment of Jingshi University Hall,Some officials in Shaanxi suggest that the province has its own "Learning Law Pavilion"。In the details of the suggestion at the time,Refutation of "View of West France to think on my way",Criticive Taoism and Westernization "Two Phases and Portal Separation",Therefore, it is recommended that "the province's self -setting law hall"。It can be seen that it is not just learning Chinese laws,Instead, "and the chapter is about to be aware of the neighbors",Actually refers to the "Treaty Articles of Association and Times Newspaper" ("Qinzhong Book Bureau Report" (Ming Dao) 1898)。This is the local government put middle school and Western learning、Law learning and Western law、Progressive behavior of combining education and diplomacy。

The so -called diplomatic weak country,Actually it is the weak country of international rules awareness,It is essentially the weak country of the system。The fate of the system is backward decide to be beaten。The Sino -Japanese War defeat ordered the aging empire and the Chinese to realize that their national strength is far inferior to this neighboring island country。More soberly aware of Chinese people,Meiji Restoration with institutional change as the core of the decisive significance of Japan from weak to strong,It also stimulates the focus of the Chinese people to focus on Western learning -the Western system's attention and attention。December of the 26th year of Guangxu (January 1901),The Empress Dowager Cixi published a lawsuit in Xi'an in the name of Emperor Guangxu。July 1902,Daqing representative Zhang Zhidong and British representative Ma Kai negotiated in Wuchang。July 17,Zhang Zhidong translates Liang Dunyan's mouth,conveyed an important bet365 live casino games opinion to Ma Kai: "We want to revise our law,We are about to assign members to study。Do you agree,After our law is modified,Foreigners are under the jurisdiction of Chinese law。"This means that the direct connection between international legal affairs and domestic reforms。What kind of association is this? Yang Tingdong, a business graduate of Waseda University, answered this question in 1909,He said,"First,Extra -laws are different from the consular judgments; the second,Consular Judgment occurred in the treaty,To go to the consulmental ruling must correct the treaty first; third,Correction the treaty must be prepared first without lack of laws "(Yang Tingdong:" The relationship between the connection between the treaty and the editing law ",Diplomacy, 1909, Volume 93)。Here he outlines the relationship between diplomacy and the improvement of Chinese law。

With Chinese modern knowledge people open their eyes to see the world,Most of them focus on the International Law。So,The number of foreign students who study international law accounted for a high proportion among French students。China has gradually shifted from law to law、The old system shifted to the new system、Faluna turn to the rule of law,Diplomacy needs international law is the initial motivation of China to generate modern laws。needs of international law,It is also the transformation of Chinese law、West Fa Bo Xing、Mobilization and opportunity of modernization of law。Speaking of foreign -related rulers,If you learn from history,You can find many successful models from modern times -French diplomats are Wu Tingfang、Wang Chonghui、Gu Weijun、Zhou Yisheng、Wang Shijie、Xu Mo, etc.。Say back,People who have no legal background,Actually, it is not a diplomat。For example, Zhang Pengchun,Due to learning Chinese bet365 Play online games and Western,Understand China and understand the world,Therefore, in the "World Human Rights Declaration", the idea of ​​"benevolence" in Chinese Confucianism。The wisdom of the Chinese alone,Just understand the world、Knowing civilization,Even if you don’t understand West Fa,It will not engage in diplomatic in the low -end mentality and method of "negotiation".。Chinese civilization hidden in China "Li",Most of the western civilization hidden in their "law",The mystery of civilization is often hidden in international rules。

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