Zhou Yisheng (1889-1971)，Also known as Zhou Lan，People from Changsha, Hunan，Modern China Famous International Jurist、Diplomat Historian、Educator，One of the four consultants drafted in China's first constitution。In the early years studying abroad，Join the Alliance Club。After studying in English and French，Doctoral degree from the University of Edinburgh、Doctor of International Law from the University of Paris。Continued National Peking University、National Southeast University、Professor of National Wuhan University。1939，Go to the United States to lecture。After returning to China, Ren President of National Wuhan University，concurrently as a member of the Central Academy of Sciences。After that, he mainly engaged in academic activities at Wuhan University，Famous due to severe criticism of the Liton Investigation Group。After the founding of New China，Zhou Yisheng continues to be the president of Wuhan University and a member of the Central South Military and Political Committee、Deputy Director of the Cultural Education Committee。He has been engaged in education for 30 years，Proposal teaching、Education two is equal，and "the spirit of the day in the day，Do the work that goes "encourages students。After 1950，Zhou Yisheng leaves teaching position，Continuing of the Ministry of Foreign Affairs、Vice President of the Chinese People's Foreign Affairs Society、The Deputy Chairman of the Congress of the National People's Congress and the Deputy Chairman of the Congress of the Standing Committee of the National People's Congress，A positive contribution to the diplomatic and legislative work of New China。April 20, 1971，Died in Beijing。November 2005，To commemorate the outstanding life of this international jurist，The statue of Zhou Yisheng is completed at the building of the New Law School of Wuhan University。Zhou Yan was born in 1956 to join the Communist Party of China。His main works include "World Alliance", "International Law Outline", "Modern International Law Issues", "New Trends of International Law", "Introduction to International Law", "History of modern European diplomacy", "Modern International Political History", "Winning Peace on the Pacific", " The ideological trend of modern British and American international law "" "International Law", etc.。

Zhou Yisheng (1889-1971)，People from Changsha, Hunan，Modern China Famous International Jurist、Diplomat Historian、Educator。I studied in Japan in the early years、UK、France，His Peking University、Southeast University、Professor and President of Wuhan University、Advisor of the Ministry of Foreign Affairs of the People's Republic of China、Vice President of the Chinese People's Foreign Affairs Society、The deputy chairman of the Consumer Council of the National People's Congress and the Deputy Chairman of the Standing Committee of the National People's Congress of the National People's Congress。Lifetime engaged in international law、Political Science、Education and other studies，enjoy a high reputation at home and abroad，Known as the "Father of China International Law"。

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　The founder of Sinicization, the theoretical theory of Marxism

Zhou Yisheng studying in Europe，Inheriting the original purpose，But he insisted on using Marxist world view and methodology to study basic theory and specific issues，and guide the practice of China's foreign relations。The theory of modern international law began in the Westpulia system built in 1648，and accompanied by the industrialization of the world economy、The trend of polarization of politics develops and evolved。It establishes "the national independent international law status"，Sovereignty is equal and cannot invade，Forbidden use of force、Basic criteria for international law and international relations such as collective resolution of internal affairs and international disputes。but，With the development of the industrial revolution and the expansion of colonialism，Capitalist strong words are non -、The bad behavior of the scams of me severely damaged the basic order of modern international law。Marxist International Law Thoughts produced in this context，It requires bet365 best casino games creation to meet the requirements of the proletarian liberation、New Guidelines for International Behavior, which is conducive to equality and free development of all nations。

Before the establishment of New China，Zhou Yisheng severely criticized the old order of traditional international law and international relations，It is pointed out that the limitations of modern international law lies in frequent transformations of secret diplomacy and political alliances between Western powers，Make international relations full of fraud and variables。​​"Secret diplomacy is the secret of diplomatic methods and foreign policies，is an autocratic political heritage "; the value goal of international law should be" to maximize the fairness and justice of the international community，and make the interests of each country be necessary ";，Should ask the public to help "，Based on this creatively proposed "national diplomatic theory"; "National diplomacy is not handled by the people to deal with diplomacy，The main purpose is to make the foreign policy of a country directly or indirectly dominated by the people，that is, the diplomatic democracy required by modern politics "。Zhou Yisheng's national diplomatic theory，It is the improvement and development of the theory of international law and diplomatic relations。

After the founding of New China，Facing the dominant position of Western international law and its penetration of the Third World，Zhou Yisheng and other international legal genres，Criticized and supervised the mainstream international law school at that time，Make international law advance in criticism。Zhou Yisheng seriously criticized the "super national law" or "world law" of the British and American international law circles and the "world law" and "world state" or "world government".，Play ideological prevention effect on people in my country and international law circles。Zhou Yisheng's proposed，Sovereign state is the only international law subject，"The country's qualification or status as the subject of international law，It is determined by the nature of the international law as a special department，The basic characteristic of the state as the subject of international law is that it has sovereignty "。Sinicable that the idea of ​​Sinicization, the most reflected in Zhou Yisheng Marxist International Law is the masterpiece "International Law" completed in 1964。This book takes the class of international law as ideological guidance，systematically discusses the basic principles and general theories of international public law，also introduced a large number of examples of foreign case -related cases and the practice of diplomatic and international law in New China，Has high academic value and practical guidance value。This book has the following features: First, the comprehensiveness of the content。This book clarifies the ins and outs of the international law，The system sort out the basic theory and main practice of Western International Law，detailed the international law and practice of the Soviet Union and the Third World。The second is both profound and deeper in learning。Zhou Yisheng used its profound international legal knowledge，List more than 1,500 notes in this book，Not only indicates the argument and data source，and part of the supplementary discussion of the text，Easy to learn and read，Enhance understanding。Third is to tell Chinese stories，Effect Chinese Voice。Different Development Starts of Zhou Yisheng Deeping International Law before and after the establishment of New China，He not only interspersed the issue of international law encountered before the founding of New China，And reflects its own practical process and first -hand information about international law in this book，Strong practicality。This book has become the basic lesson plan for New China's theory of international law。

Zhou Yisheng also uses Marxist methodology to condense the basic theory of modern international law，Analyze its specific problems。Economic analysis of historical materialism is one of the important analysis methods of Marxism，Its core essence is the nature of the nature of the economic system。Zhou Yisheng pointed out，International Law as a law for adjusting the relationship between the country，Its nature is also determined by the national class of the country，International Law of the Super Level。Because although international law adjusts different legal relationships with bet365 live casino games domestic law，But it is inseparable from international relations，The essence of international relations depends on the comparison of the productivity development status (economic system) of various countries。He also emphasized at the same time，Abstract national interests to be realized by the International Law，In fact, the interests of specific groups and class，"The reality of the foundation of the international community as the foundation of the international law society determines the class of international law，Director of modern international law is dominated by the interests of multinational bourgeoisie "。

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　National sovereignty and international axiomfirm defender

The era of Zhou Yisheng，China keeps sliding towards the semi -colonial semi -feudal society abyss，Imperialist aggression，The Chinese people are constantly exploring the road of national rejuvenation。Chinese international law scholars are worried about the future of the country and the fate of the nation，Pay high attention to the construction of the new order of international relations and international law、Maintain national sovereignty and national interests、Research on problems such as foreign policy。Zhou Yisheng is the outstanding representative of them。He actively introduces the basic theory of western international law，and apply it to the practice of Chinese foreign relations，Efforts to safeguard the interests of the country and the nation。

Before 1949，Zhou Yisheng is committed to Chinese and foreign unequal treaties、Rental Land、Legal research on issues such as the power of the powers。The Northern Government Late，Under the promotion of progressive forces such as the two parties and the Communist Party，The national conference was held nationwide，Social movements that abolish unequal treaties。Zhou Yisheng published papers in newspapers such as "Eastern Magazine", "Pacific" and "National Daily"，Echo with the national movement。For example，In the article "Lease Land"，Zhou Yisheng feels that the public opinion is not good for the rental land，Special inspection of the origin of rental land in China，Emphasize its harm to Chinese sovereignty。"In the means of the inflection of the powers to China，One of the most well -behaved and poisonous，It must be regarded as the land of the concession。There is a foreign lease land on the Chinese territory，Not only infringes national sovereignty，And ... Many rectifications that cause foreign relations "。Then he analyzed the nature of the rental land from the law，Point out "Lease is different from cutting for cedence，Leasing on the law is still China's territory，China has the right to recover "。This strongly arm the mind of the Chinese people，Promoting the vigorous development of the retraction of the concession movement at that time。After continuous efforts，The Chinese government finally abolished the system of powers in China in 1943。Another example，In the article "Consular Judgment Issue"，Zhou Yisheng pointed out after analyzing the cases of ancient and modern Chinese and foreign consular judgments in detail，"The existence of foreign consular judgments in China is an international inequality，Breaking the existence of it "。In view of the fact that the powers are based on the "severe criminal law", "harsh in prison" and "judicial administration", etc.，Zhou Yisheng thinks，The unreasonable place to improve the judgment of the dismissal of the consul is to improve the justice，That is, China not only "must have perfect laws"，It also needs to be "improved and popularized in court", "law selection system and lawyer social improvement" and "improvement and improvement of legal education"，"Add some hard work"，This objectively promotes the modernization of the Chinese legal system and judicial system。Another example，Provide some "common sense of foreign relations" to ordinary people，Promoting the development of the abolished struggle at that time，Zhou Yisheng's relevant legal issues and countermeasures to the government and the public in the period of the National Government and the public。Its lecture materials were later collected into "Ten Lectures of Unexpected Treaty" (Shanghai Pacific Bookstore 1928)，The book expounds China's inequality treaty issues from the aspects of jurisprudence and history，Analysis of problems that should be paid attention to abolition bet365 Play online games of unequal treaties，and respect the consular jurisdiction、Tariffs、Foreign Lenches、Concession、The problems involved in unequal treaties such as rental land and other unequal treaties made detailed theoretical and empirical explanations。This is common sense of international law that popularizes the whole people，Promote the consciousness and ideological awareness of the whole people，Play an important role。

In foreign relations，As an important think tank of the Chinese government in the field of international relations and international law at that time，He actively uses his theoretical expertise，In -depth participation in the diplomatic decision of the Chinese government against Japanese operations。As early as the beginning of the outbreak of the September 18th Incident，Zhou Yisheng proposed，"Can't be prepared for a country's separate military aid，Pay attention to avoid becoming a victim of compromise diplomacy，It should be under the situation of lasting resistance，Move an interference action based on British -American cooperation "。At the beginning of the Anti -Japanese War，Zhou Yisheng as a counselor of the Council of the Military Commission，"According to its observation of the current situation，It is intended to have ‘diplomatic strategy’，Point out the focus of Chinese diplomacy during wartime、For central decision -making "，For central decision -making "。For example，In the early stages of comprehensive anti -Japanese war，Zhou Yisheng believes in the diplomatic report of the undertaking military committee，Soviet Russia will not send troops alone，Britain will compromise diplomatic in the Far East，The United States will not interfere alone in the Far East，National Alliance is weak interference，Therefore, the strategy of diplomatic strategy should be to deal with the British compromise in the Far East，Aid to get foreign material，Promoting British and American cooperation，urging the National Federation to implement sanctions，"Maybe the four steps above may wish to do it at the same time"。After the comprehensive anti -Japanese war enters the phase -owned stage，Zhou Yisheng was ordered to go to the United States to carry out the "civil diplomacy" offensive，Promote China Anti -Japanese War，Fight for the US DPRK to assist China、Forbidden to Japan，And will directly feedback its opinion through the military committee's participating room to the decision -making layer。

As the World Anti -Fascist War is about to victory，China is one of the four initiatives of San Francisco's "United National International Organization Conference" in 1945。After two months of a full meeting，All representatives have unanimously adopted the "United Nations Charter"。Zhou Yisheng as a consultant of the Chinese delegation，Dong Biwu, the representative of the Communist Party of China and the Liberation Zone，As a member of the ten delegations in China，Participated in the United Nations Founding Conference，Signing on the United Nations Charter。This is the first relationship between Zhou Yisheng and the Communist Party of China，And the "intercourse" between him and the United Nations, the world's largest international organization, did not end，Instead of continuing to the founding of New China。Waiting for the official establishment of the United Nations，Zhou Yisheng returned to China as president of Wuhan University，Fair International Law Course at Wuhan University，The earliest teaching in the United Nations Charter in China，Liangxi, who later became a famous international jurist in New China、Han Depei, etc. are all their colleagues or disciples。

In short，Zhou Yisheng takes national interests as the starting point of foreign policy，Promote multilateralism and collective safety; advocate a firm and flexible foreign policy，Taking the people as the backing，Old China, which is poor and weak，Use international law weapons to solve the dispute between the country、Maintain national sovereignty and national interests，Explore loudly to get rid of the fate of the semi -colonial land，殚 殚。

　　A firm proletarian diplomatic warrior

Zhou Yisheng has span two eras of old China and New China throughout his life，His historical origin with the Communist Party of China has also continued from old China to New China，Loss from the loyal friend of the Communist Party of China to the firm proletarian diplomacy and legal warrior。

At the Paris peace conference Bet365 lotto review in 1919，Power -powered state's legitimate requirements to defeat China to recover all privileges of Germany in Shandong, China，Forced China to accept the 21st articles of funeral and humiliation proposed by Japan，Transfer all Germany's special rights in Shandong to Japan。This has stirred the strong resistance of various groups and Chinese people in China and overseas Chinese people，The fierce anti -emperor and anti -feudal May 4th patriotic movement broke out。At this time, Zhou Yisheng, who is studying at the University of Edinburgh, to Paris from the United Kingdom，with international students、Huagong and others surrounded the chief representative of the Chinese Harmony of Paris, Lu Zhengxiang's apartment，Make it unable to attend the meeting，Chinese representative Gu Weijun also strives for reason，In the end, China did not sign on the peace treaty。During the period of staying，Zhou Yisheng has also thought about using the British social and political model to transform China’s ideological context，In 1917, the "Pacific" magazine，Discuss the intellectual group and their cultural ideas and education claims。Its impact on the political movement around May 4th cannot be ignored。The fourth volume of "Pacific" will be chaired by Zhou Yisheng and his colleagues from his Peking University，As a knowledge force in the study of the British school，It has a positive promotion and guidance effect on the May 4th New Cultural Movement，This is with Chen Duxiu、The "New Youth" founded by Li Dazhao and others is not the same as the instructions of the movement。May 4th Movement is the beginning of the Chinese New Democratic Revolution，Promoting the propagation of Marxism in China and its combination with the Chinese workers' movement，Idease has prepared a good condition for the establishment of the Communist Party of China。It can be said，Zhou Yisheng as a molecule for the new youth at that time，Anti -imperialism and feudalism，The pursuit of the ideological concept of the country's prosperity and strength and the national independence and the fundamental purpose and value pursuit of the Communist Party of China。Before the establishment of New China，As outside party and celebrities，Zhou Yisheng has always understood the political propositions and revolutionary activities of the Communist Party of China、Sympathy and even partial recognition attitude。From its debate with his friend Hu Shi in 1948, it can be seen，Zhou Yisheng insisted on thinking，After World War II Britain and the United States, the German -Japanese policy will resurrect the latter militarism，Socialist camps led by the Soviet Union after World War II have become an emerging in the international community、The justice force that cannot be ignored。Early in the founding of New China，The primary task of my country's diplomacy is to completely get rid of the control of imperialism to China，Restore the country's independence and sovereignty。For this，Mao Zedong proposed "another stove", "cleaning the house" and "one side" three diplomatic policies as early as the founding of New China。These are coincide with Zhou Yisheng's above claims and discussions。

After 1949，Zhou Yisheng is mainly engaged。During his consultant of the Ministry of Foreign Affairs，For important foreign issues, according to international law and Chinese foreign policy position，Put forward handling opinions。He personally approved the English country name of the People's Republic of China, the PeOPELE's Republic of China，It is recommended to use the name of the "Chinese People's Volunteer Army" to fight to the North Korea for combat，Win a larger space for my country's diplomatic struggle。He served as a consultant to draft the Constitution in 1954，and a series of struggles for the restoration of the legitimate seats of the People's Republic of China in the United Nations。

　　12 nautical miles of the advocate of the width of the sea

Early in the founding of New China，The primary problem facing diplomatic is the country’s recognition and inheritance issues。Zhou Yisheng thinks，1943 "Cairo Declaration" and 1945 Taiwan's return to China's sovereign jurisdiction，All principles that belong to the same China on both sides of the Taiwan Strait。The People's Republic of China as a subject of international law，It is the continuation of the old China，For China's representative power in the United Nations and the status of the Security Council and other United Nations institutions，The People's Republic of China is a rational bet365 Play online games legal successor。and 1971 The United Nations Conference No. 2758 formally established the only legal representative of the People's Republic of China as the only legal representative of China、Taiwan is an indispensable part of China's territory. This historical facts and legal status。The Representative of the People's Republic of China in the United Nations，Not the problem of joining the United Nations as a new member country，Instead of restoring China as a legitimate right and status of status inherently as a founding member country。Although the People's Republic of China has built a new historical type in the country's class，But as the subject of international law，The People's Republic of China is China，It is fundamentally different from the production of a new country in the usual meaning，No problem with the United Nations accepts a new member country。For the treaty signed by New China，It must be reviewed and treated，New China has become a new historical type in class.、Socialist country，The content that is not compatible with the new regime or social system is unacceptable。The above discussion provides theoretical support for the legitimate status of international law in New China。

Zhou Yisheng has deeply analyzed the country's basic rights and obligations in the study of international law，On the basis of Lenin's "peaceful coexistence" thinking，Newly explained "Five Principles of Peace Coexistence"。"From a legal perspective，The five principles of peace coexistence are not only fully in line with international law，And developed modern international law "。"Respect for territorial sovereignty" includes two aspects: "sovereignty" and "territorial integrity"，It is a obligation that the state must assume in the international community，It is an important prerequisite for the existence of the country。"Do not invade each other" is not to threaten or use force to infringe the territorial integrity or political independence of any country，It is a necessary guarantee to comply with and maintain international order。"Do not interfere with each other" is the meaning of the equality of the national sovereignty，It is also recognized by modern international law，A country interfere with the scope of the sovereignty scope of other countries，I don’t respect the sovereignty of other countries，Is the infringement of its independence。"Equality and mutual benefit" will associate mutual benefit and equality，Explanation can only achieve mutual benefit only on the basis of equality，Only achieve mutual benefit can it be true equality，This is the development of the principle of equality of international law。"Common Coexistence" is the basic condition for maintaining and developing modern international relations，It is also the prerequisite for the development of modern international law。"Five Principles of Peace Coexistence" has become the basic principle of modern international law，This fully reflects Zhou Yisheng's contribution to modern international law，It is also a vivid portrayal of the use and development of Marxist international law.。

The beginning of the founding of New China，Facing the international environment of dangerous births。To enhance the influence of New China，Fighting the members of the international community's sympathy for the progress of the New China Revolution、Understanding and support，Zhou Yisheng's spirit of diplomatic practice in truth -seeking，Creatively propose the theory of "Four Categories of Diplomacy"，official diplomatic relations、Semi -diplomatic relations、Informal diplomatic relations and national diplomacy。For a country that has not yet established formal diplomatic relations with New China，Establish a semi -diplomatic relationship between the two countries，The lowest level of the two parties will assign each other -agency。This move can maximize the support of the international community and non -socialist camp countries，Relieve the status of diplomatic isolation。China and the United Kingdom、France、The relationship between the relationship between the relationship between Western capitalist countries such as the Netherlands is an example.。still maintains hostile attitude towards New China，Countries that maintain the so -called official relationship with the Taiwan authorities，Can't establish formal diplomatic relations，But a certain level of non -official contact agency between the two countries，This not only maintains the "one China" principle and national dignity，In order to improve the relationship between the country，In the future, the establishment Bet365 app download of formal diplomatic relations has reserved contact space and policy elasticity。In this process，Always use the means of "national diplomacy"，Give full play to the friendly visits of personal or folk delegations，Promoting the emotions of the people，Sometimes it can be through unofficial contact，The people's delegation reached an agreement on the opinions of the relationship between the two countries，Publish a statement or joint communiqué，Sometimes you can also reach an agreement on a specific transaction and officially sign a civil agreement。

Zhou Yisheng is one of the earliest international law experts in New China with awareness of sea power，It combines traditional international law theory with the situation at home and abroad in New China，Proposal to New China in the sea、New discussion on issues such as boundary，Visible。Zhou Yisheng thinks，The width of the territorial sea is of great significance for the coastal defense and security and economic benefits。He abandoned the so -called artillery range theory of Gradus and the three nautical miles of the traditional marine power of Britain and the United States.，Think that "countries can decide this width according to freedom of discretion"，Finally, based on the national interests of New China，Combined with the opinions of previous international marine law conferences，Proposal proposed that the width of the new China collar sea is used to use the straight -based line method to calculate the width of 12 nautical miles。1958，The Chinese government announced in the "Statement of the People's Republic of China on the Terry Sea": "，And suitable for Taiwan and Penghu Islands "。This position is also recognized by the later "UN Ocean Convention"。，The scope of national territory is determined according to the boundary，Including land、Water area、Hall and underground aspects。"From the international reality，The formation of the national border is not based on the following two facts: or formed by traditional habits，or due to the delineation of the treaty。"" Based on this，The so -called traditional border of China and India from the British Empire has no facts. Based on the signing of the so -called "peace treaty" in 1842, Kashmir and the Tibetan local authorities have refuted the one -sided claim of India's border between China and India。

From old society to New China，Zhou Yisheng pursues truth in his life，Persist in Marxism，Service State，I won extensive respect and love。In Old China，He is committed to the development of international law research and the development of higher education in China，Provide theoretical support for subsequent diplomatic activities。After the founding of New China，He is committed to Sinicization of Marxist theory of international law，and actively contribute to the New China diplomacy。He joined the Communist Party of China in 1956，Completed the gorgeous turn from close comrades -in -arms to Marxists。

　(Author Unit: School of Law, South China University of Technology)