(请使用IE浏览器访问本系统)

  学科分类

  基础科学

  工程技术

  生命科学

  人文社会科学

  其他

篇目详细内容

【篇名】 RE-EXAMINATION OF ABOLISHING CONSULAR JURISDICTION AS THE START OF LAW MODIFICATION IN LATE QING
【刊名】 Frontiers of Law in China
【刊名缩写】 Front. Law China
【ISSN】 1673-3428
【EISSN】
【DOI】 10.3868/s050-004-015-0018-0
【出版社】
【出版年】 2015
【卷期】 10 卷2期
【页码】 343-364 页,共 22 页
【作者】 ZHANG Shiming;
【关键词】

【摘要】

In recent years, the proposition that the abolition of consular jurisdiction was the start of the late Qing legal reforms was challenged. According to the arguments of scholars engaged in subverting the traditional mainstream view, the “Mackay Treaty” was signed on September 5, 1902, but Empress Cixi issued the “Law Reform Decree” on her way back from Xi’an after the Gengzi Event, then the Qing government’s decision for law reform was not a consequence of Article 12 of the “Mackay Treaty.” This article argues that methodology of historical textual research requires a comprehensive view of the whence and whither. The traditional view that the abolition of consular jurisdiction served as an urgent cause for the modernization of Chinese law cannot be rejected imprudently by a superficial approach to pounce on one point and ignore all others; our vision should be broadened by taking the overall situation into consideration. Otherwise over-corrections will result in an incomplete view of the whole scenario. The relation between the law modifications in late Qing and the reclamation of consular jurisdiction is extremely intricate and complex. Previously this had to be discussed by Robert Hart and others in detail.

版权所有 © CALIS管理中心 2008