| As an important minister in the late Qing Dynasty, Zhang Zhidong is a productivepractice sent official who experienced a series of major events in Chinese modern history.Based on the important position, his knowledge on international law influences the usage ofinternational law on foreign affairs in its applications clearly, and the application is aminiature of international law understandings and applications in senior officials in the lateQing Dynasty. Through Zhang Zhidong’s international law thought research, we canunderstand Zhang Zhidong’s legal thought further; Through Zhang Zhidong’s internationallaw practice research, we can further the understanding of input and transmission of moderninternational law in China. After Chinese modern reform and opening up, on the basis ofequality and development, international law is still very important to China’s internationalcommunication. Zhang Zhidong’s international law thought research not only has academicsignificance, but also practical significance. Although not a professional jurist, but ZhangZhidong’s thoughts of international law have rich content, have bright times feature and itsown characteristics. In consideration of the current studies have rarely research on ZhangZhidong’s international law thought and its application, therefore, this article start with thebackground of Zhang Zhidong’s international law thoughts, and discuss the main content ofZhang Zhidong’s international law thought and Zhang Zhidong’s international law ideas ofpractice and other aspects of Zhang Zhidong’s international law thoughts.The whole paper consists of introduction, text and conclusion. The introductionintroduces the subject, research value, research status at present, shortage of current research,research methods and reference materials. The body is the main part of thesis which followsthree parts:The first part, it is mainly analyzed the social background which Zhang Zhidong’sinternational law thought to form. In the late Qing Dynasty, western aggressor opened the gateof China, along with the invading; the right of independence of China losing gradually,Chinese with breadth of vision began to explore the way to get rid of violation and embarkedon the road of independence. in this social context, Zhang Zhidong’s thoughts of internationallaw is deepened ceaselessly along with the social situation awareness and understanding. Atthe end of Qing Dynasty, started from Lin Zexu, officials gradually recognized the important of international law books translation. From the translation of law of nations, Qinggovernment began to set up the Translation Service, local government began to establish alarge number of translation organizations and train a large number of translation talents whosehave important implications for International law input of China. The knowledge ofinternational law of Zhang Zhidong lies in the translation of books, from the internationalnegotiation a and application point of view of Zhang Zhidong, it is clear that these translatedbooks on him and the Qing government officials are not limited to our current understanding.The formation of Zhang Zhidong’s international law thoughts relate to the close exchanges ofChinese and foreign senior government officials and the view of Early Reformers and abroadofficial’s sovereignty and international law. Meanwhile, Zhang Zhidong’s international lawthoughts are also communicate with foreigner’s international law thought. However, becauseof Zhang Zhidong’s profound Chinese traditional culture education background, such asHonoring the king Confucianism, Social estate, Practical Statecraft also permeates into ZhangZhidong’s foreign related affairs and limited he make further understanding of internationallaw.The second part mainly expounds the main content of Zhang Zhidong’s international lawthoughts. The first is Zhang Zhidong’s sovereignty thoughts. In Zhang Zhidong’s era, Chinesetraditional Confucianism was stiff and Qing government was forced to open the door towestern aggressor and gradually losing of Chinese original stand and the completesovereignty was gradually deprived. Zhang Zhidong witnessed China under humiliation andthe concept of "sovereignty" first became his focus, while the maintenance of sovereignty ofChina also became the foundation of Zhang Zhidong’s international law thoughts. The secondaspect of international law thoughts of Zhang Zhidong are keep treaty. Although the Qinggovernment exchange with foreigners long ago, but after the Opium War, western powersobtain benefits by some unequal treaty, Qing government accepted the western" treaty willobserve the rules" in desperation. With the strength recession of Qing Dynasty, this principlehas not only become the method which help western powers to grab interests and to executecompulsive aggression, at the same time，it also become the basis that Qing government citedin international law to restrict the right of western powers in China. The third part is about thesource of international law. Zhang Zhidong believed that the will of the state is the decidingfactor of international law. Accordingly, Zhang Zhidong also has a clear understanding on theeffectiveness of international law and has a more objective understanding of international law. He thinks national strength is more important. If a country is not so powerful and has no forceprotection, the international law would only be mirage.The third part mainly tells the story of Zhang Zhidong’s international law practice. ZhangZhidong’s international law practice mainly involves the sovereignty, rights maintenance,foreign settlement, inland shipping; treaty keeping; combine the diplomacy and internationallaw and from YuanJiaoJinGong to Balance and Restraint, make treaties to associate withreinforcements and so on. At the same time, he thought of maritime salvage is a kind of abideby the treaty and humanism performance etc.The conclusion part mainly discusses the positive aspects of Zhang Zhidong’sinternational law thoughts and the negative aspects of Zhang Zhidong’s international lawthoughts such as the lack of law awareness on international issues. |
