Research Of Rights Protection Of Chinese People During And After Russo-japanese War (1904-1910)

Russo-Japanese war period, Chinese people in northeast China border innocent suffering, suffering from disaster, all kinds of illegal intrusion air rights cases occur repeatedly, the protection of the rights and interests of air by the qing government attention. After the outbreak of Russo-Japanese war, Chinese people suffer a lot in war zone, and various kinds of violation occur constantly, making the protection attract much attention than ever before. In order to protect the rights of the nation and the people in war zone, the Qing government releases an imperial edict to declare itself neutral as outsider, but the result is out of the government’s expectation. With the multitude of violation that occur in the war, the Qing government realizes the seriousness of the problem, beginning to protect the rights of people in occupied areas.The violation with large amount, serious nature during the war is rare in the late Qing Dynasty. The violation includes a variety of civil cases from the violation of judicial sovereignty to the violation of other sovereignty in Qing government. But even more serious is the fact that the people are tortured by the war due to lack of enough protection in war zone. The soldier of Russia and Japan and other support force set fire, kill person, rob things in the occupied areas. Judged by the international law, the behavior of the Russian and Japanese army constitute crimes of violation of war law. The Qing government also make active efforts to reduce the damage due to the behavior of the two armies, including prevention of violation of sovereign before the war, negotiation during the war, relief in the battlefield and reparation after the war, etc. With the use of international law, Qing government negotiates with Russia and Japan at wartime and postwar, and makes some achievements to protect the rights of people.Russia and Japan sign the Portsmouth treaty to end the war, and lead to the change of situation in North Eastern Province. After diplomatic negotiations among these counties, the result comes that north Manchu area belongs to Russia and south Manchu area belongs to Japan. Under this new situation, the condition of violation in North Eastern Province is becoming more severe, and new form of violation occurs. It consists of setting up the colonial administration to get the local jurisdiction to rule their sphere of influence, that is to say, to implement the so-called “legal administration”. Under the rule of “legal administration”, the armies of Russia and Japan persecute Chinese people, and the rights of people is violated again. With the spirit of “rights protection”, Qing government establishes institution in the area of seriousness infringement, and does make some strides in protecting the rights of people. However,confronting with more and more cases of violation of rights, Qing government is tired of dealing with them due to the limited of national power. It is useless to spare no effort to further the rights of people, though international law could be used to deal with invaders. So the protection of rights of Chinese people never seem to be achieved.