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Study Of Late Qing Foreign-related Economic Legal System

Posted on:2005-01-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:T Z LvFull Text:PDF
GTID:1116360122981874Subject:Legal history
Abstract/Summary:PDF Full Text Request
Through carding the profound historical material domestically and overseas, this paper adopts synthesized methods of combining macro & micro, static & dynamic to study the regulations and laws concerning economic activities of the foreign merchants that stayed in China during late Qing Dynasty, to better understand the changing Chinese society.Besides the preface and the epilogue, the backbone has 9 parts.Chapter 1: Ancient foreign-related economic regulations and laws of China. Based on profound historical material, the paper described the main contents, generalized the character and talked about the influence of ancient foreign-related economic regulations and laws. The visual angle of this part is mainly form a macrocosm view so that comparison of those with Late Qing is more convenient and the historical clue of the foreign-related economic regulations and laws more clear.Chapter 2 is about the forming of Late-Qing 's foreign-related economic regulations and laws. Owing to the breaking of traditional foreign-related regulations and laws yet the want of regulating foreign economic activities, new system gradually came into being with fierce arguing .It could be divided into 3 phases with Nangjing treatise, Tianjin-beijing treatise, Maguan treatise as mark stones respectively and with more and more hardship and complexity. We can see clearly the aggressive onrush of the foreign privilege and the unwilling encroachment and losing of the sovereignty of Chinese government.Chapter 3: Foreign-related commodity trade regulations and laws. Trade tended to be more liberal and profuse in this period. Trade market moved forwards not only along the coastline, but along the River, the frontier as well. Commodity in the markets included all that could be dealt with even some traditionally forbidden stuff was included in legal trade. These not only changed a lot compared with before and marked with the traits of the time, but gave a loose legal environment and influenced China greatly as well.Chapter 4 discussed the regulations and laws concerning the special commodity---opium. Opium trade is one of the most perplexing problems facing Late Qing government. Domestic regulations and laws tackling such a problem were made as well as international bargaining. Opium trade was once illegal, then was legal, at last was gradually banned. Every decision is not easy. Though the attitude of the government is constantly firm, yet how can it hold up when its surviving or not was held in others' hands?Chapter 5 is with regard to foreign investing regulations and laws. Foreign investment grew up gradually and spurred obviously after Jiawu War. With the legalizing of foreign investment it soon prospered in almost all the national economic fields. This part mainly dealt with those regulating the investment in industrial, railway, mining, and loans in that these investments brought huge interests to foreign capital and huge damage to China's economy and finance. It did propel the economy sometime but it was the tool to gain economic and political interests for the foreigners.Chapter 6 is about the comprador system. Nearly all the foreign economic activities can't be done without compradors. Regulations and laws concerning them were surely an essential part of foreign-related economic law. After a detailed description we can see that comprador system was factually the extension and enlargement of the foreign privileges yet it did influence china's economic and judicial circumstances.Chapter 7 talks about regulations and laws regulating foreign merchants recruit new workers from China. This is an important business for foreign merchants. The government of Late Qing made different regulations and laws concerning this business with the 1860 Beijing Treatise as a mark stone. Prior to it, the government stuck to traditional banning yet had no effect; foreign merchants can factually recruit whomever they want without limitation. Henceforth, the government acknowledged that they had right to recruit under the control of recr...
Keywords/Search Tags:Foreign-related
PDF Full Text Request
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