A Comparative Study Of Ancient Chinese "Outsiders Phase Commit "with Consular Jurisdiction Of The Late Qing Dynasty

The Ancient Chinese " Terms of outsiders phase commit " and the late QingDynasty of consular jurisdiction in ancient China as a foreign law in the field of twoiconic terms, the former first proposed the applicable law concept of the personal lawdoctrine and territorial law doctrine, adjust the content of foreign conflict laws rules,defined the issue of the law applicable, become China’s feudal dynasties foreign legallegislative blueprint. the latter as a malformation of foreign legal provisions which asa traditional Chinese and Western foreign law legal conflicts arising.let thejurisdiction of all foreigners in China " hand over "and make a serious infringement ofChina ’s judicial sovereignty. Both similar in form, but the substance is completelydifferent. This paper will explore in depth the following five aspects of ancientChinese " Terms of outsiders phase commit " of the difference between the late QingDynasty of consular jurisdiction:The first aspect, China’s ancient " Terms of outsiders phase commit " of ahistorical study." TangLuShuYi name case " in the cloud:"all of outsiders likeautocorrelation offenders, all under this vulgar law; heterogeneous phase offendersto legal theory." It means that same nationality conflict of outsiders for its State ofnational laws, different nationalities (including one of the parties to Tang dynasty)who clashed for Tang law. Song " Terms of outsiders phase commit " of its object asthe Tang Dynasty, and the Ming and Qing Dynasties " Terms of outsiders phasecommit " is applicable object to more explicit than the Tang and Song.Tang first timeclearly established the " Terms of outsiders phase commit ",and the Song followedthis provision, and the Ming and Qing basically inherited the spirit of the " Terms ofoutsiders phase commit ", but its content has undergone a lot of changes.The second aspect, elaborate the production and development of the late Qingsystem of consular jurisdiction. The consular jurisdiction means a country throughthe territory of another State in the exercise of jurisdiction over their nationals inaccordance with its domestic law by consular and other systems. In1843the Britishand Qing government to sign the " Articles of Association of Britain and five trade "provisions of the consular jurisdiction system in the first, then powers have unequaltreaties signed with China containing consular jurisdiction content acquired consular jurisdiction in China, which began a humiliating history of Chinese consularjurisdiction ravaged by centuries.The third aspect, comparison the contents of the " Terms of outsiders phasecommit " and the consular jurisdiction.Whether it is the ancient Chinese " Terms ofoutsiders phase commit " or the late Qing Dynasty of consular jurisdiction in casesinvolving can be divided into the three categories, namely the simple case offoreigners, foreigners and foreign mixed case and mix cases. For the first category ofcases," Terms of outsiders phase commit " provisions governed by the Chinesegovernment, individualism, or the principle of territorial doctrine is adopted, andprovisions the consular jurisdiction governed by a foreign government, adopted theprinciple of personal doctrine; For the second category of cases " Terms of outsidersphase commit " provisions governed by the Chinese government adopted the principleof territoriality, and specified consular jurisdiction in the general mining defendantdoctrine of personal law; for the third category of cases, according to the "alien-phase commit " requirement, the general mining the principle of territoriality, and theconsular jurisdiction provisions adopted doctrine defendant personal law. It can beseen that the ancient Chinese " Terms of outsiders phase commit " its main principlesis the principle combines the use of territoriality and individualism, and the late Qingconsular jurisdiction doctrine mainly adopt the defendant ’s personal law.The fourth aspect, both the causes for comparison. From a political point of view,the development of ancient Chinese " outsiders phase commit " article is based on theopen concept and foreign policy, consular jurisdiction of the late Qing Dynastyformed mainly due to the implementation of its foreign policy of seclusion; From aneconomic point of view, China ancient develop " outsiders phase commit " article isbased on foreign trade prosperity and economic development needs, and the formationof the late Qing Dynasty of consular jurisdiction because of its traditional society self-sufficient economy disintegrated; from the cultural point of view, developed inancient China." outsiders phase commit " article is based on Confucianism was themainstream thinking, and consular jurisdiction formation is due to the influence ofthe late Qing Dynasty interest litigation thoughts; from the national point of view, thedevelopment of ancient Chinese " outsiders phase commit " of the backed by itspowerful strength, while the late Qing consular jurisdiction formation is due to its National weakness. Overall, the national comprehensive strength of a countrydetermines its interests in the field of foreign law.The fifth aspect, to compare the impact of both. From the perspective of nationalsovereignty, the ancient Chinese " outsiders phase commit " embodies thesovereignty in my premise of respect for his country or his family, and the late Qingconsular jurisdiction reflects his country for China ’s judicial sovereignty violations;from the perspective of social security, the ancient Chinese " outsiders phase commit" did not become outsiders of criminal asylum in China, which should always beconstrained by Chinese law, and the late Qing consular jurisdiction is alien in Chinaprivilege law, the Qing government laws completely lost on foreigners in China isdeterrence and binding.consular jurisdiction became a breeding ground for crime soil;from a foreign perspective, the ancient Chinese " outsiders phase commit " Articlespread out the legal culture of the Central Plains, formation of China as the ChineseCultural Center, and the late Qing China consular jurisdiction, compared withWestern countries in the economic, cultural and other aspects of aggression escort,making China become a semi-colony; from the perspective of the impact on futuregenerations to see, the ancient Chinese " outsiders phase commit " inherited futuregenerations, has become the norm in ancient Chinese treatment of foreign law, andthe late Qing China consular jurisdiction promoting the modern judicial reform.In short, the ancient Chinese " outsiders phase commit " its base lies in theCentral Plains of political, economic, cultural, national and other aspects fulladvantage and its pursuit of limited " outsiders " group autonomy under the Chinesejudicial system of internal control, its essence is only the law applicable to theassignment. The late Qing consular jurisdiction is on the basis of the Westerncountries, ships and armament, but their poor and weak, and one-sided pursuit ofinterest arising from litigation, and its essence is decay of. the judicial sovereignty.