Similar theory of management systems in the near -shore waters of China
February 01, 2021 09:30 Source: "China Social Sciences", February 1, 2021, Issue 2102 Author: Wang Hongbin

China is a mainland country,It is also a big coastal country。Most of the ancient Chinese suffer from ancient Chinese came from the north,Therefore, some people think that China has long ignored sea defense,Always failed to form a clear consciousness of the territorial sea。In their opinion,China's awareness of China's territorial sea is gradually appearing with the Opium War,The concept of the collar sea is completely a imported product。This view is not accurate。Facts,The generation of Chinese people's consciousness,Especially practical practice,Not than Western European countries。So,We need to pass the global perspective,Observe the production system of the near -shore waters of China and the West。

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From 1608 Gaumers published "On Marine Freedom" to 1911,The era of the concept and system of "leading the sea" and "public sea" in Europe and the United States gradually formed。

After discovering "New Continent",Spain and Portugal Start with fierce debate in marine control。To solve the dispute between the two countries,Pope Alexander VI issued a decree in October 1493,Specify a sub -meridian on the Atlantic Ocean as the boundary between the two countries to exercise power,License of the country without control,Ships in other countries must not sail in these sea areas。On the basis of the Pope's decree,West、Portugal two countries have bargained and repay,Signed the Treaty Turdecillas Treaty on June 7, 1494。1592,The two countries signed the "Sarangsa Treaty",Draw a line in the Pacific Ocean (the boundary with 17 degrees east of the Malukugo Islands),Divided the sphere of influence of the two countries in the Pacific。

For West、The above treaties concluded by Portugal,Dutch expressed strong dissatisfaction。In order to oppose West in theory、Portugal's possession of world ocean,​​1608,Famous Dutch jurist Graouus in "On Marine Freedom",It clearly proposes the principle of marine freedom。He thinks,Any country、No one has the right to occupy the common wealth of human beings,Navigation rights cannot become a private property for anyone,"Everyone can sail freely according to international law"。From this,Western European academic circles have opened theoretical discussion on the issue of freedom of navigation and the issue of public sea。1613,Italian jurist Shinyis proposed in the book "Spanish Debate",Along the coastal countries enjoy jurisdiction over neighboring waters,The coastal waters are extension of national territory。This is the first time in international law that it has clearly proposed the concept of "receiving water"。1618,British scholar Selton pointed out in the theory of "Closure of the Sea",Near -shore waters are not common products,It should be an indispensable permanent accessory product in the coastal country,Like land,Can be a private territory or property,The British monarch should occupy the waters around the UK。Although he advocates that the coastal countries have exclusive jurisdiction over the near -shore waters,But at the same time, it is also acknowledged the principle of freedom of navigation of the sea。1625,Gaumers has revised her own point of view,Acknowledge that coastal Bet365 app download countries can exercise control over the near -shore waters, that is, some of which can be directly controlled。This becomes the theoretical basis of the two points of the "Gonghai" and "Levy" system to a certain extent。So,European jurists have initially established the principles of the freedom of navigation and the waters near the shore,The two -point system of the ocean is established。

but,People have different opinions on the width of the territorial sea,No sincerity is。At that time,There are three claims that have a greater influence in Europe: one is the "strength control theory" of the aforementioned Gradus; the other is "vision and the saying"; the third is the "cannon range theory" (also known as the "three nautical mile principles principles of 3 nautical miles" ")。European countries are discussing the problem of the sea,Someone proposed that the scope of the staff on the shore should be the width。3097_3121,and the decree issued by the Danish King in 1691、The agreement between the Pope and the King of Naples in 1740 was cited and interpreted。If you only consider the influence of the curvature,For a person who stands at zero meter at an altitude of 1.8 meters,,The seabed plane of its vision and the farthest place is about 4.6 kilometers (about 2.5 nautical miles)。But,The location of the coastal guards is different,The height of the observation location directly affects the distance from the observation distance。If the watcher stands on the lookup of the coast aircraft 15 meters from the sea level,The farthest seas plane of its visuals can reach 14.6 km。18th century,The height of the traditional twin -sailing boat from the water line to the top of the main mast is about 118 feet (about 36 meters)。If we calculate at 30 meters high,Consider the influence of the curvature of the earth,So,In addition to 34 kilometers,At the top of the mast of this ship, you can enter the vision of the coast watchmaker。It is difficult to determine due to the distance from vision at a distance,Therefore, it cannot become a recognized standard for the width of the collar sea。

Most European scholars focus on "strength control",Gradually acknowledge the "cannon range theory"。1703,Dutch jurist Pinkezhick clearly divided the ocean into two parts in the book "Maritime Sovereignty",That is Gonghai and Linghai。He pointed out,The collar sea belongs to the jurisdiction of the coastal countries,Gonghai does not belong to any country。From the point of view of preventing the enemy from invasion from the sea,Proposed "The Termination of Weapon Power,That is the place where land power terminates "。In other words,The width of the collar sea should be based on the range of the coastal cannon。So,"Cannon Following theory" gets the UK、Spain、Denmark and other strong nations at sea scholars' recognition。but before 1800,The international community has not yet formed a unified understanding,European countries have all walk when they announce the width of the sea.。

1745,King Denmark first announced the first time to 1 mile to the coast (equivalent to 3.45 miles,5500 meters) exercise jurisdiction。,Sweden、Norwegian、Finland、Iceland has announced the width of the collar sea of ​​4 nautical miles one after another。Spain from 1760,Then it has always advocated that the width of the territorial sea is 6 nautical miles。1782,Italian jurist Galiani proposed that the range of 3 nautical miles of bet365 best casino games the cannon at that time: The width of the territorial width of all countries should be limited to 3 nautical miles,that is "3 nautical mile principles"。This proposition not only maintains the rights of coastal security interests of coastal countries and the right to use and control the use and control of the ocean,At the same time, it does not hinder the freedom of navigation from all countries 3 nautical miles,Therefore, it is recognized by many countries。1793,The United States officially announced its width of its territorial sea is 3 nautical miles。,Russia、UK、France、Germany、Japan、Netherlands、Belgium has announced that its leading sea width is 3 nautical miles。At the same time,It is recognized by the sovereignty of the coastal nations and over the sea、Sea bed and bottom soil。Commercial ships in other countries can enter the territorial sea of ​​other countries,But it must be harmless to pass,It must not damage the order and safety of coastal countries。Nothing to pass the power of harmless passing for submarines sailing underwater,Not applicable to the aircraft that appeared later,and excluding fishing right。19th Century,Due to the improvement of cannon casting technology,The range of its range is continuously expanded,"3 Sea Mile Principles" gradually loses theoretical basis,The opinions of scholars from various countries are not exactly the same as the government's regulations。

Current,The width of the collar sea announced by most countries in the world is within 12 nautical miles。The collar sea line is parallel to the collar sea baseline,It is the boundary line that extends outward to a certain distance with the national regulations stipulated by the state。The collar sea base line is the starting line for the width of the coastal country to determine the width of the territorial sea,Mainly determine the collar of the sea base through three methods。One is a low tide,That is, the tide retreats to the farthest coastline,Become a normal baseline。The second is a straight line baseline,that is, determine appropriate points on the mainland shore or coastal extension.,Then connect the adjacent dots with a straight line,constitutes a straight line of the territorial sea。Third is the baseline of the islands,The straight lines of the outer edge of the islands and the outer edge of the reefs in accordance with the "Convention on the Law of the United Nations" are used as a straight line baseline。

 The jurisdiction of the Qing Dynasty's "inner ocean" and "foreign ocean"

The generation and sublimation of ideological consciousness can be retained in the writer's writing,It can also be stored in political and legal systems through practice。The consciousness preserved in the writing may be annihilated with the scattered writing,The concept preserved in the political system will leave a longer -lasting genetic information。Here,We focus on the concept of the collar sea preserved in the Qing Dynasty's coastal defense system。

At the same time as the concepts of collar and public sea are gradually formed in Europe and the United States,The Qing Dynasty also carried out administration to the near -shore waters、Military and judicial control。After unified Taiwan in 1684,The Qing Dynasty Water Division established the tour system。According to the Example of the "Daqing Ceremony": 1689 Metropolitania: The chief soldier of the Water Division did not go out of the foreign governor to led Bet365 lotto review officers and soldiers,Avoid the rules and regulations。but,From the perspective of historical materials,At that time, the boundary between the internal and external and oceans did not clearly delineate。1717 is divided into the inner ocean、An important time node of the foreign ocean。Is the year,Zuo Duyu Shi Chong San Chong suggested to reduce the punishment of civil servants after foreign faults。He thinks,The merchant ship was robbed,The responsibility of the sailor officials responsible for the law and order of the foreign face,Instead of participating in the official。Because the outer ocean is far away from the coast,Begamed beyond the jurisdiction of the civilian official。Officials from the Ministry of Military Affairs believe that this suggestion is reasonable,It should be clearly divided into the inner ocean、The boundary of the foreign ocean,To distinguish between the responsibility of the civilian and the military officer。Emperor Kangxi approved this suggestion。1724,Zhejiang has already titled the internal and external circles of the coastal camps。but,Divide inner ocean、outer ocean is a process that is gradually completed。If you use the internal and external pictures as a sign,Then the project was completed in 1736。

"Guangdong Tongzhi" compiled during the Daoguang period and in the "Guangdong Maritime Defense Exchange",Two sets of maps about internal and external oceans are retained。Due to the lack of precise measurement data,Not drawing strictly according to the proportion,It is difficult to read these two sets of maps after generations。Despite this,We see from these two sets of maps and related literature,The inner and outer ocean division of Guangdong is relatively clear、Comparison system。The baseline of the inner ocean is the coastline,The second is to set up a government governance、The island line of the islands of the county and the islands of the county; inner ocean、The junction line of the outer ocean is a line that is connected to the point where the coastline is parallel to,or the establishment of the government、Hall of the islands on the islands of the county and the islands of the county's islands.,The width is about 5 kilometers (it is roughly equivalent to the vision and scope of the looking at the position of the seas at the zero level of the sea level);。Because the offshore seaway is a habit of walking on sailing,Naturally, it is not a parallel relationship with the coastline and the island coastline,So,The distance between the outer edge of the outer ocean and the coastline and the island coastline is irregular,Near dozens of miles,Hundreds of miles away。

Like Guangdong Province,Along the coastal provinces are divided into internal and external oceans in the coastal provinces,Make a foreign chart,Provided to the coastal officials, civilians, and sailor officers and soldiers。1849,Governor of Liangjiang Lu Jianzhang's report to investigate the responsibility of the sailor officers and soldiers, once pointed out: "Ocean crash,For example, the report of the party's report and the operating ocean map is performed,and the handover of the two battalions in the Yangtu and the red line of the internal and external places, respectively。Once the victim specifies,It is not allowed to push a little。"",Internal and external pictures of the provinces drawn by the provinces in the early Qing Dynasty,Not only uses the red line to indicate the clear line of the internal and external bet365 live casino games oceans,and marked the area of ​​officers and soldiers at all levels。This kind of "strength control" of the sea water division beyond the coastal waters,The main method for the control of the coastal guards of various countries,Far more in line with actuality than "Cannon Dorge"。

State organs of the Qing Dynasty set up outside sea water divisions to control internal and external ocean,Consciously and unconsciously follow the principle of navigation freedom。According to regulations,Foreign merchant ships outside the jurisdiction area of ​​the aquarium are not limited by any restrictions; as for foreign merchant ships sailing in domestic and foreign navigation in China,Not only freedom,And being protected and rescued by the sailor warship。clearly stipulated in the Yongzheng period,"Foreign Aid Civil Aviation Trade,Suddenly encounter floating wind,Boat Loss,Fortunately and inner ocean、Coastal,Destiny Governor Fan Ye's officials and affiliated with Weiyu Sui,Reward for grain storage,After completing the boat 楫 "。Standardized at the same time,Foreign Yizu is not allowed to enter the inner ocean,Especially for foreign warships that are provoking to invade Chinese sovereignty,Take firm measures,Exit for。Jiaqing、Daoguang period,Pirate activities rampant,Foreign ships excuses to protect commercial ships,Beginning to reach the inside and outside of China。Many orders of the Qing court,Not allowed foreign merchant ships and warships to be parked in China,Not allowed foreign warship to enter the Chinese inner ocean。For example,1814,Governor of Guangdong and Guangxi Jiang Youzhuo reported to Guangzhou and foreign trade situations,"Recently, the British Geely Guardian cargo warships have not complied with,Poor Outer Obody,Dare to drive to Humen,Its deceitful situation,Very Testing "。Emperor Jiaqing Emperor's Order: "After all, all countries in various countries still follow the old system,Do not drive near the inner ocean; export of cargo ship,Not allowed to stay。Ru Da Lang into the Forbidden Land,That is, Yan Jia Export。If you dare to resist,Set the guns for a row,Alert Bingwei,Make Awesome fear。”

From this we know,The Qing Dynasty people not only have the concept of freedom of the sea,And the concept of foreign merchant ships can be freely navigable in inside and outside,It is not allowed to paroxide and breed the incident in the inside and foreign noodles of foreign ships and merchant ships in China。The internal and external system of the Qing Dynasty is based on practice,continuously improved through passed down from generation to generation,Forms a system control system with Chinese characteristics。

 Eastern and Western management and control waters are similar

As mentioned earlier,"Gonghai" refers to the water in the international law、Terring Sea、Ocean parts that are not under the jurisdiction of sovereignty and dominated by any country outside the islands。Gonghai freedom theory, although it was proposed as early as 1608,But it was not until the 19th century that it became a recognized principle of international law。"Linghai" refers to a sea area with a certain width of a certain width under its coast or inner water under the jurisdiction of coastal sovereignty。

Discussion and establishment of the issue of Gonghai and the Sea of ​​the Sea,It has been roughly two times in Europe and the United States: the first period is the period of bet365 best casino games pure theoretical discussion。As mentioned earlier,"HNA Freedom" was first proposed by Grassus in 1608; the problem of the territorial sea was proposed by Shimius and Selton in 1613 and 1618; Get a preliminary confirmation of Graouus in the year。The above perspective passed through the argumentation of Binxhul,and divide the ocean into two parts: Gonghai and Linghai,Only get recognition from most European jurists。until 1745,Linghai and Gonghai theory officially put into practice in the Danish Kingdom of Denmark。The second period is the theoretical discussion and practical exploration period。1745,King Denmark officially announced that its leading sea width is 1 li Ge,Nordic countries have resolved。1782,Italian jurist Galiani proposed the "3 nautical mile principles",Only get the gradual recognition of the European and American powers。Visible,The proposal of the theory of the Linghai and Gonghai and the formation and practice of its system,I have experienced a long period。

Some scholars in China think,China has no consciousness of the sea,It is believed that the consciousness of the territorial sea is the exotic product of the late Qing Dynasty。This view is very problematic。Although the theoretical discussion of the freedom of navigation and the width of the territorial sea in the early Qing Dynasty,But in terms of institutional creation and practice,The control of the national organs of the Qing Dynasty for the control of the near -shore waters,Existing almost at the same time as European countries,or even earlier。As mentioned earlier,1683,The Qing Dynasty began to establish a stem system for the Water Division's patrol session of the near -shore waters; 1691,The earliest promulgation of the King of Denmark,Taking the seas with the scope of the vision; 1717,The Qing Dynasty began to be divided into internal and external oceans at the beginning of the sea,Administrative、Military and Judicial Management; 1745,King Denmark officially announced that its leading sea width is 1 li Ge。

The "Inner Ocean" of the Qing Dynasty was a sea zone with no more than 5 kilometers near the coast and the shore of the island,It is responsible for controlling the coastal civilian officials and the sailor officers and soldiers; the foreign ocean is a relatively wide sea zone between the Gonghai and the inner ocean,The officers and soldiers of the coastal water division are responsible for control。The "inner ocean" of the Qing Dynasty compared with the "internal water" specified by the Contemporary International Ocean Law,Although the division method is different,But the essence is similar。"Inner Water" is also known as inner sea water,Refers to the waters from the coastal collar sea base line from the land to the coastline。"Water" is an integral part of the country's water lead,It has the same status as the national land territory。The "Inner Ocean" of the Qing Dynasty included two parts: one is to follow the coast or the house、County、A 5 -kilometer -wide waters on the shore of the islands of the hall; the other part is the "inner water" classified into the inner ocean islands。Both are important parts of the country's water leading water,Have the same status as the national territory。

The concept of the "foreign ocean" of the Qing Dynasty and the concept of the "territorial sea" of Western countries,Similar places,There are some differences。The difference between the two is: one,"Leading Sea" is a area of ​​waters that are expanded in national sovereignty in its territorial territory and its inner bet365 Play online games water.。Its two,The division of "collar sea" is in the absence of islands and inland sea,Divide the coast directly as the baseline; the division of "outer ocean" is slightly different from this,Usually, the waters near the coast are first divided into "inner ocean",Then divide "outer ocean" outside "Inner Ocean"。Its three,"Leading the Sea" emphasizes the effective control width of the coastal countries on the coast or the island shore.,"Outer Obody" emphasizes the "strength control" of the sailor officers and soldiers for routes and island safety。Four,The width of "Linghai" is certain,The width of "Outer Ocean" is irregular,Roughly based on the sailing habit route from the coast and the island shore as the boundary of the "foreign ocean"。Despite the above differences,But these are not essential differences,Only the division method is different。

As far,Both are a sea area extending along the coast or the shore of the islands between the coast or the island.,Both are marked by coast or shore as a sign to declare the sovereign jurisdiction of the country's waters。It is these two common points,It determines that the essence of the two is similar。This can be seen,The "foreign ocean" in the Qing Dynasty is different from the "collar sea" in Europe and the United States。So,We can put the Qing Dynasty inner ocean、The division of the outer ocean is regarded as the sovereignty of the Chinese people that are similar to the western collar sea at that time.。It can be said,Although there is no name of China's collar in the Qing Dynasty, there is a real collar in the sea,This should be one of the ways to divide the sea in the world at that time。It is worth pointing out,Western scholars starting from discussing marine issues,Papering very much importance to navigation freedom。For the officials of the Qing Dynasty,Although consciously or unconsciously acknowledged the freedom of ocean navigation,But rarely discuss theoretical discussion。

Last,We must emphasize,Study on the division of internal and external oceans and jurisdictions of the Qing Dynasty,It has very significant significance,Not only can it prove that the Chinese people’s awareness is not inferior to Europeans,and from it, you can learn from the rich wisdom and experience of controlling the ocean。

(The author is a second -level professor at the School of History and Culture, Hebei Normal University、Director of Chinese History Society)

Editor in charge: Cui Cen
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