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Qing government to accept and apply the law in the process of Failures

Author: YangBo
Tutor: HuangZunYan
School: Qufu Normal University
Course: Modern Chinese History
Keywords: late Qing government international law International Public Law Sino-French War Errors
CLC: K252
Type: Master's thesis
Year: 2011
Downloads: 69
Quote: 0
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Abstract


With the eastward expansion of Western colonial powers, East Asian traditional "Chinese Barbarian order" gradually collapsed. China as the Celestial Empire State", which has been the center of East Asian vassal state system for a long-term, also gradually became the target for aggression by Western powers.To adapt the new international environment, the late Qing government began to unwillingly accept and was forced to applicate the International association rules which were regulated in international law. This paper attempts to show my superficial view on the faults appeared in the process of acception and application of international law by late Qing government.Firstly, the introduction of international law by late Qing government mainly includes the translation work of international law organized by Lin zexu, the translation of European and American works on international law by missionaries, and the translation of Japanese works on international law by Chinese students studying in Japan, under the traditional thinking which is Chinese culture perseveres fundamental nature and western culture is complementary, late Qing government didn’t give strong supports and organization to the introduction of international law, which caused people in late Qing lack systematic knowledge and deep understanding of it.Secondly, Before and after the Sino-French War, the late Qing government started diplomacy with wide application of international law. However, the shackles of traditional thinking and the lack of knowledge and superficial understanding of international law caused adrifting on Vietnam issues, weaving on the decision of war or peace and the result of one-sided summation and defeat by relying on the Western power to mediate.Thirdly, in late Qing, the suffering of the failure in diplomatic practice using international law makes people begin to consider and discuss the reliance of international law. People realized the so-called international law is not sufficient to make China indepandent and what we must do is to pursuit axioms by self-reliance.Using international public law to mediate the relation with the Western powers, late Qing government hadn’t prevented the happening of national crisis. The reasons for this result include the Western powers’pursuing of hegemonism, their regardless of international public law and the limits of modern international law itself. The inadequate knowledge of international public law and the incorrect application of it are also vital factors, the author thinks in order to survive in the Western powers and gain the development optunity, the weak must applicate the international public law in the fierce international competition. In addition, the weak should enhance the country’s overall strength which is the essential prerequisite, abandon vanity, be practical and strive for what they should strive.

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CLC: > History, geography > History of China > Semi-colonial and semi -feudal society ( 1840 to 1949 ) > Old Democratic Revolution period ( 1840 ~ 1919 ) > The late Qing Dynasty (1840 ~ 1911 )
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