Theory Of Ancient China’s International Law

Previously,researches conducted by scholars with an aim to study that whether the international law existed in ancient China were generally specific to the Spring and Autumn Period,because,by comparison,diplomatic relations during this period were indeed share great resemblance with modern international law.Not until the Research on International Law in Ancient China was published by Dr.Yu-rong SUN is it deemed that the international law existed in all division periods of ancient China.So far,three different viewpoints are roughly formed in the academic field concerning whether the international law exists in ancient China.The first one considers that no international law exists in ancient China;while the second one deems that the international law only survives the Spring and Autumn Period in ancient China;and finally,the third thinks that the international law exists in each division period of ancient China.With respect to the writer of this paper,in his opinion,the international law in ancient China derives its origin from the period of the Song and Liao Dynasties and is marked by the conclusion of the Chanyuan Treaty.In order to discuss this point of view,it is required that the analysis of this paper must be carried out from a special angle which is China and the national state.In the perspective of China,it can be understood that the international law of ancient China is not the relic of international law implemented by all parts of it in its division period;contrarily,we must regard China as an integral whole and discuss about the international law between China and foreign countries by seeing the former as a subject.Then,in the perspective of the national state,it is clear that China held different attitudes towards neighboring countries in various periods;and only when the national consciousness has been accumulated gradually,it can truly sense its position among the world instead of being a fancy "Boundless World".In nothing but such an equivalent condition,the international law of ancient China is able to take shape in the true sense.In this paper,on the basis of defining the scope of the national state and ancient China,it is proved that the international lawof ancient China is originated in the period of the Song and Liao Dynasties through discussions about pros and cons standing on the integrality of both the national state and China;moreover,in allusion to viewpoints presented in this paper,the writer also explains national problems in ancient China from aspects of the Marxism-Leninism and the historical materialism.What is worth mentioning is that although various treaties of alliance and diplomatic relations between the Song and the Liao Dynasties are treated as origins of the international law in ancient China,it does not mean that the integrality and the unity of China have been torn apart.The writer is just finding and solving problems realistically from an angle of Historical materialism.