Study Of Sino-Britain Treaty Relation During The Late Qing Dynasty

The treaty is a pact in written form between subjects of international law,which,according to the international law, produces,changes and abolishes their mutual rights and obligations.The treaty relation,formed on the basis of treaties,is a kind of international law relation between subjects of international law.Sino-Britain treaty relation in the late Qing Dynasty was a leader in the treaty relation between China and other nations.It damaged the sovereignty of China on the one hand,but on the other hand,it brought new modes of international relations and some content which embodied equal principle.To study Sino-Britain treaty relation in the late Qing Danasty from the perspective of law relation, may enhance the study of this question to some extent,help to reveal the difficult process in which China walked from its tradions into modern time,and contemporery chinese diplomacy may use it as a reference.This text has three parts,that is introduction,main body and conclusion,to discuss this promblem.The introduction part introducs the meaning of choosing the topic and the present situation of study in this field,puts forward my own research methods and research train of thought, explains the innovation and shortage in this text,and elabrorats the concept and characteristics,main elements, movements,rules of the treaty relation.The main body is divided into seven chapters.Chapter 1 discusses the history of Sino-Britain treaty relation in the late Qing Dynasty.It takes the view that this relation experienced a few stages,such as ferment,creation, establishment,and development.Britain was the main push of this relation.Chapter 2 investigats the unequal Sino-Britain treaty relation in three aspects,e.g.proceedings of concluding treaties,treaty form and concrete contents.This chapter also differentiates and analyzes the law effect of the discussed treaty relaton,taking the change of international law into consideration.Chapter 3 meticulously combs the equal Sino-Britain treaties and clauses,and points out their position and function to the Sino-Britain treaty relation as a whole.Chapter 4 discusses the policy and attitude that China and Briain took in implementing treaties.It takes that the Qing government established a treaty-abiding policy and adopted related measures,while Briain failed to abide the treaties in eanest and requested chinese government to abide the treaties.The treaty-abiding policy of the Qing government was ineffective defense measures,Britain aimed at disciplingChinawhile it was not enough in discipling Britain itself.Chapter 5 discusses the contrdictions,conflicts and negotiations in implementing treaties.This chapter carefuly studied the outstanding disputes in implementing treaties,thus displaying the baisic aspects of how Sino-Britain treaty relation operated.Chapter 6 investigates the improvement of Sino-Britain treaty relation in late Oing Dynasty.It takes that the Qing government gradually produced the consciousness of revising treaties,made some plans and made some effort,but treaty relation improved very little.In comparison with why Japan successfully revised its treaty relation with Britain,this chapter revealed the reasons in it,and points out the function and influence of this limited improvement.Chapter 7 studies the contracts and regulations concluded between the Qing government and British private legal persons,namely the so-called "quasi-treaty".This chapter clarifies their class and contents,reveals its nature of civil contracts as well as its characteristic of the power politics,and discusses how this kind of "quasi-treaty" effected China. The conclusion part reveals the unequality of Sino-Britain treaty relation in late Qing Danasty,analyzes its position and influence,and points out its inspirations to contemporery diplomacy,and looks back the process of its road to the end.