The brewing and formation of the concept of nationality in the late Qing Dynasty
December 22, 2023 14:14 Source: "Chinese Social Sciences" December 22, 2023 Author: Kang Junru

Nationality refers to the legal qualifications and identity of a national or citizen of a person belonging to a country,People with a national nationality have a solid legal contact with their nationality countries。Based on this connection,He (she) accepts the country's legal jurisdiction,Enjoy and undertake the rights and obligations stipulated by the country's law as the country。At the same time,The nationality is also the basis for the country's diplomatic protection of the country。Late Qing Dynasty,Chinese people are gradually aware of the importance of national identity in the modern sense and the necessity of nationality legislation。Late Qing government is based on its own cultural traditions and national conditions,Drawing on foreign national knowledge,Formulated and promulgated China's first national national law "Daqing Nationality Regulations" and its implementation rules。

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Generally speaking,The country and foreigners,You can use external features,Rushing、Language, etc.。Therefore,Who is the home、Who is foreigners,Often people are well known、Celeze at a glance。but,Along with the transformation of the nation -state, closely communicating with people from all countries,The phenomenon of changing nationality due to the relocation of foreign countries is increasing,Defining a person's national status in a legal sense becomes important and necessary。The national knowledge is formed and developed in this case,and mainly translate through international law translation in the late Qing Dynasty。

Opium War period,Lin Zexu's translated Western international law "Bans Law of the Countries",Although there are issues involving foreigners' obligations in their national military service,But how to distinguish between the identity of the country and the foreigners in the legal sense and its different rights and obligations,But there is no more explanation。Western Movement period,Jingshi Tongwen Museum、The translations of Jiangnan Manufacturing Bureau and other official institutions have translated a large number of international law works,Including the "Public Law of the Public Law" (1864)、"Star Finger Palm" (1876)、"Public Law Come" (1878)、"Public Law Congress" (1880)、The theory bet365 Play online games of the Progress Law of each country (1895)、"The theory of the Negotiation of the country" (1895), etc.。

In these international law translations,Usually discuss national knowledge as a part of national power knowledge。"Public Law of the Kingdom" when "on the right of nature of the country",The power involved in a country with allowing foreigners to be citizen,"Every country's independent self -reliance,All have the right to quote outsiders' citizenship as the people of their own country,and can be granted by the right to indigenous people。or the Yunren was born in a certain country,,If he was convicted in your country,No matter where you are,Still listening to its legal system "。The theory bet365 Play online games of the Progress Law of each country is in "On the right of managing people",Proposal of the people of a country is divided into two types: one is the original nationality,The second is a long -term home country、Foreigners who are petitioned to naturalized。other,These translations also introduced the relevant content of the national nationality law at the time at that time,and the composition of entry and exit regulations set by each country,Specifically includes: obtain、Lost、Methods and procedures for restoring nationality。

Translation and dissemination of these international law works,Make the Chinese people gradually realize the importance of nationality legislation,The national concept in the modern sense of the late Qing Dynasty is gradually brewing。

  Pay attention to nationality issues from all walks of life 

The Wuxu Vitamin was generally considered to be the beginning of modern Chinese academic transformation and germination。During this period,Chinese people's understanding of Western national knowledge is more in -depth,Start borrowing related content,Try to propose several methods to solve domestic problems in China,To maintain national sovereignty。

20 years of Guangxu (1894),Zhejiang Ning Shao Daodai Wu Yin Sun issued a summer topic for Shanghai Gezhi Academy。One of the questions is: "Since the business,Huayang Miscellaneous Place,Migration of Chinese and foreign businessmen and peoples,or marry each other,or sending out other countries。Now Xue Xingjie is allowed to get rid of sea ban,The people who have returned to China since then they have belonged to foreigners,The population industry is still abroad,There are those who return to China,How to refer to the situation of China and foreign countries,Establishing a reconciliation bet365 Play online games of regulations on the return period,Make Lili Lishiyang's different other,庶 庶 任。”

Yang Yuhui, a member of Dapu County, Chaozhou, Chaozhou, Guangdong, is the first place in this test。His interpretation of this problem,It is the early Qing Dynasty Chinese people who learned about Western national knowledge、Imagine an important example of the Chinese nationality system。In his opinion,The sea ban policy is abandoned,If you do not go back to the country to return to China Huamin to formulate a reconciliation charter,There will be four disadvantages: one,If you return to China, if you join the foreign country,Once there is a case,It will be protected by foreign consuls with foreign nationalities,The Chinese official law must be hindered and cannot be executed。Its two,Huamin with foreign nationality、West officials as amulets,Avoid the investigation and severe punishment of Chinese law,It will lead to imitation of the Chinese people to fight for it,so that domestic folk disputes cannot be solved。Its three,Unclear boundary of the naturalization,Not only is it difficult to control the people in the country,It will also trigger a dispute between China -US China Union。Four,Chinese crimes can escape from foreign nationality and escape punishment,It is difficult to eliminate social confusion,Hidden social hidden dangers。Based on this,He refers to the international law of international law translated during the Westernization period,Drawing on the Western Nationality Law and System,Fourteen articles of association,The lives required to change Huamin's change of foreign nationality、Age、Program,Reform restrictions、Rectification of property distribution、Return to residence in home、The conditions for returning to China to restore Chinese nationality and its property distribution are stipulated one by one,In particular, it is emphasized that Huamin must not join the foreign nationality as a resignation to evade Chinese law's sanctions。Gezhi Academy's Course's Follows on the issue of returning to China for the Republic of China,Explain that the problem of the change of nationality began to be the hotspot of Chinese and Western affairs,Attention to the intellectual world。

After the Sino -Japanese War,The representative of the Recent School Zheng Guan should write the article "Titan",Entering "Shengshi List"。This article combines Western national knowledge,Acknowledged that other countries except the United States are Bet365 lotto review allowed to allow Chinese citizenship、Facts that Chinese people can change their place。other,His legal law on Western countries on the allowance of foreigners citizen,Proposal allows foreigners to citizen China,So as to establish China's jurisdiction。His proposal,Foreigners must enter Chinese nationality,Fangzhun buying land to build a house in the Mainland; if you are not citizen,Not allowed to place production in the Mainland except the concession。If there is a borrowing play in the Mainland or missionary,,Buy land in the Mainland、Purchase of goods,It is regarded as the same as the people who are entering me,Quick settlement,and must be under the jurisdiction of local officials in China,You must not borrow the consular as a word。Another late -style new talent Ma Jianzhong wrote the article "Household Registration",Quoting Western Nationality Law,pointed out that although the law of the household is made in the people of nationality,A person who is also a person outside,Must be distinguished from the responsibility difference between registration and residence,Try to introduce national dimensions in the old household registration concept。

Guangxu 23rd February 7th and Eighth Day,"Word Forest and Shanghai Daily" serialized "The Essentials of Huaman Reconstruction in the United States",Following the issue of returning to the country of the country。The "required strategy" mentioned in this article includes a ductive book with strict inspection and determination、Quarantine marriage to show a tie、Awarding a license for checking、Recruitment jobs for education、Set special officer to prepare for protection。The author pointed out,The people's nationality is unknown now,Difficult poddle,Ding Book to register Huamin’s national status is urgent。Ding Book can be divided into foreign nationals、Two Chinese,Details must be specified when registering,Including the appearance of the year、Three Generations Staying Time、So Chinese、Location、The number of men and women;,It must indicate the time and the country。Hanging the house number outside the houses,Lili Hua Yang Chinese characters and use,So Chinese、The difference between foreign nationality can be clear at a glance。

  Nationality legislation consciously germinate 

Enter the 20th century,Chinese people ask the Qing government's nationality legislation to be higher。Guangxu thirty -two years,"Beiyang Official Daily" No. 1227 and 1229 serialized bet365 live casino games "On the Out of the Nationality Law"。This article pointed out,Civilized countries must have nationality methods,This method is impossible,Horrode in many internal affairs and diplomacy。Therefore,my country's improvement law must be the first nationality law,Based on the principle of serumism,Taking birthplaceism as the exception,Wake up the patriotic heart of the Chinese people。Not only that,In the text, the focus of legal experts in discussing nationality issues in the text,Analysis of "positive resistance" and "negative resistance"。Analysis of this academicity,Deepening the deepening of the Chinese nationality legislative consciousness is not beneficial。

November 26 of the same year、27th,"Times" serialized a report called "Tianchi" "The Nationality Law should be determined today",It is advocated that the government wants to recover domestic rule,It is determined first。This article has popularized the two basic principles of the Chinese nationality legislation to readers: First, bloodlineism,advocates that someone follows his parents' nationality,Regardless of growth or long -standing life; second, birthplaceism,advocates that someone is born or lives in a country for a long time,There should be the nationality of the country。The author also talks further,The Law of my country ’s indefinite nationality has,If the nationality method,Nature is suitable for bloodlineism,At the same time, the principle of the nationality should not be allowed to have two nationality.。This article was reproduced by the fourth issue of the same year in the same year by "Oriental Magazine"。Visible,The intellectual industry has consensus on the urgency of Chinese nationality legislation at that time。

Late Qing officials are also in accordance with the national conditions and China and China Union.,Proposal to formulate nationality law,To maintain national sovereignty。July 18th, 32nd year of Guangxu,When the Minister of Resident Japan, Yang Shu, negotiated with the Japanese consul and dealt with eight Chinese businessmen invited to enter Japanese,Pointing out that there is no nationality bar in my country,It is impossible to deal with when there is a Chinese business change,and Once outsiders are questionable,It is often uncertain for aid,thus leading to different ports、Mutual disadvantages before and after。Therefore,Yangshu Electric Telegraph Foreign Affairs Department,Can the Minister of Consultation of the Law formulate a countermeasures for Chinese bet365 live casino games people to enter foreign nationalities。July 26,The Ministry of Foreign Affairs sent Yang Shu's opinion to the Minister of Justice,Consultation Specialized Establishment of Nationality Law。

February 20th, 34th year of Guangxu,Embarr Liu Shixun in France, Liu Shi Xun, played for the entry and exit regulations.。In the "Playing the Public Republic of China, please be proposed to be properly citizen's regulations",Liu Xunxun's maintenance from nationality and sovereignty、The current treaty is enforced、Political status of overseas Chinese、Four layers of the rights and obligations of the people,Emphasize the importance of nationality legislation。He thinks,Defining the relationship between the Republic of China is very important,The state urgently needs to properly properly preserves sovereignty with Peibang。Liu -style training, please be approved,Amend the Law Pavilion officially launched a national legislation。

Develop the "Daqing Nationality Regulations" and its rules 

The first month of the first year of Xuantong (1909),Revised the Law Museum to complete the translation of eight national national laws,Including the "British Nationality Law", "U.S. Nationality Law", "German Nationality Law", "Austrian Nationality Law", "French Nationality Law", "Portuguese Nationality Law", "Spanish Nationality Law" and "Romanian Nationality Law"; Regulations: Italian Civil Law about nationality of nationality、Japanese treaties after correction of the treaty; the study monograph on the research of the three nationality laws: the "Testing of the Two Nations of the Countries", the Betterization Law, the Outline of the Nationality Law and the Opinion of Investigators。

February 14 of the same year,Revised the law museum to complete the draft of the "Draft Nationality Regulations",Submit the signing of the Foreign Affairs Department; February 18,Foreign Affairs Department revised on this basis,Practice the Regulations。After reviewing and reviewing the constitutional editorial inspection museum,"Daqing Nationality Regulations" and its implementation rules on February 7th, the Minister of Inspection of the Constitutional Editorial Inspection on February 7。It is worth noting that,"The Minister of the Constitutional Editorial Inspection Museum Yizhen, etc. to discuss the Doujin of the Regulations on the Regulations",Guo Nuo people -based,The people are based on their membership;,But Ji Qi,Different from its old and young,To make tribute,Just start service;,Lost of the national power,Shimono's Zhi Zhizhi。This fully affirmed the importance Bet365 lotto review of national legislation at the national level。The memorial also pointed out,The legislative original meaning of the "Daqing Nationality Regulations",I don’t have to attach it to the first,And Huaibao flows as expensive。Therefore,According to the situation of the country,Methods of Chinese National Legislative Principles Discounts Chinese Style Focus on the Bloodline,The implementation rules are referred to the situation of the years。

The "Daqing Nationality Regulations" and its implementation rules are the late Qing government based on their own cultural traditions and national conditions,Drawing on Western national knowledge,To maintain national sovereignty、China's first national nationality law implemented in response to the nationality involved in China and Foreign Diploma,It is also an important symbol formed by the Chinese concept for the modern sense of the Chinese people in the late Qing Dynasty。

  (The author is a doctoral student at the School of History of Renmin University of China) 

 

Editor in charge: Cui Bohan
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