The Nineteenth Century, The Medium-term Foreign Customs Smuggling And Legal Processing

The main object of this dissertation is foreign-related smuggles during the middle 19th century of China and the relevant legal treatment thereof. Before the 1st Opium War, the Qing government appointed its trading ports and imposed upon foreign businessmen through hangshang. Its customs were not the same as the ones in modern times. After the 1st Opium War, the Qing government signed a series of treaties with western countries, and was forced to open its country board. During such process, the western countries headed by Britain acquired the executive power of China's customs step by step through aforesaid treaties and the actual control of the executive affairs of China's customs. The superintendent of customs of the Qing government turned into a minor character.Because of the closed-door policy and customs corruption, smuggle though customs became a big way for foreign businessmen to trade their goods into the territory of China without tariffs. The customs affairs should be the internal affairs of a country, and the foreign smuggle case should be governed and disposed by the Qing government. However, along with the establishment of the system of foreign customs commissioner, the western countries headed by Britain gradually acquired the executive right of China's customs, and regulated the customs by treaties and internal regulations, including precautions and sanctions of foreign-related smuggles. There were two kinds of contradictions existed. First, the customs controlled by western countries issued precautions and sanctions of foreign-related smuggles for the purpose that they could guarantee the customs order and assure the implementation of treaties. Second, because of the special nature of the customs of the late Qing dynasty, such precautions and sanctions had flaws. And foreign consulates and ministers would also interfere into the disposure and trial process of foreign-related smuggles, which impaired Qing government's independent law enforcement power.Because of the special nature of the customs of the late Qing dynasty, the studies of trading, investment, tax of customs at that time are plentiful, and the materials are also rich especially on the topic of foreign tax commissioners including the studies and materials of its formation, development, internal and external functions. The late Qing dynasty was a changing period of Chinese society, the change of system and thoughts from "an everything-haven empire" to "a 3000 year unprecedented situation" came through into every aspects of the late Qing society. And customs, as the first door close to the foreigners, best embodied the contradictions and collisions of Chinese and foreign systems and thoughts. This dissertation discusses the foreign-related smuggle problem in the middle 19th century, sorted the special systems in the process of legislation, enforcement and judiciary at that time, investigated the successes and failures, and raised my own understandings and opinions.