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Research On International Trade Laws In The Qing Dynasty

Posted on:2008-04-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:X T ZhangFull Text:PDF
GTID:1116360272484101Subject:Legal history
Abstract/Summary:PDF Full Text Request
Actually,there were no laws or regulations entitled international trade laws. Hereby,in this research paper the international trade laws in the Qing Dynasty refer to various legal documents in its civil or criminal laws,government orders concerning foreign-related trade.Found in Da Qing Lv li,Da Qing Hui Dian,Ze Li(cases) of all ministries or in the imperial decrees by emperors,these legal documents covered the principles,policies and practices,management,and tariffs involved in Qing's international trade,and thus developed into a legal system for its international trade, with clear purposes and objectives and a fixed principle.In the Qing Dynasty,there was a management system for its foreign trade based on responsibility-sharing and cooperation.Different ministries of the central government, Libu(the Rites),Hubu(Finance),Bingbu(Military),Lifanyuan(Foreign Affairs), shared management of foreign trade.Customs Houses were established under Hubu which controlled foreign trade and collected taxes.The tributary system the Qing authorities clang to made its foreign trade integrated with its diplomacy.What's more, there was the institution of foreign firms that helped to control foreign trade by offering licensed brokers and forbidding traveling merchants.In the early years of the Qing Dynasty,there was wide ban to foreign trade in south-eastern regions of China imposed by the Qing authorities.As a result, non-governmental foreign trade almost came to a stop.After Taiwan's return to China in Kangxi Administration,foreign trade was restored only in a very limited way.Ever since,the Qing authorities strictly controlled foreign trade by monopolizing tributary trade,controlling and limiting foreign businessmen and their activities and imposing more and more restrictions on the trade areas,goods,ships,currencies and businesses.It can be easily seen that foreign trade legal system in the Qing Dynasty was established to limit,restrict and even devastate its foreign trade.In Kangxi Administration of the Qing Dynasty,Four Customs Houses were opened respectively in Guangdong,Fujian,Jiangsu and Zhejiang,specializing in managing foreign trade,inspecting imports and exports,and collecting taxes.And the Qing Dynasty finally got an improved system for Customs management and produced tariff system which increased tariff continuously.The foreign trade legal system not only restricted imports but also exports,with even more restrictions on exports,which was very backward,compared with encouragement of exports in the western countries.Besides,this legal system exaggerated smuggling in coastal areas and gave severe penalties to the violators.And the legal system was reactionary for it resulted in easy and frequent violations by the businessmen with heavy punishments waiting for them.So the foreign trade laws in the Qing Dynasty were wicked in that they dosed the country from the outside.Various reasons led to the formation of the foreign trade legal system in Qing Dynasty.Its instinct went first to maintain the natural economy,the foundation on which the feudal autocracy sat.Second,the Qing Dynasty boasted of immense territory,a large population,and a strong national power,which strengthened their illusion of self-importance that they were the central empire.However,the fundamental reason is that the Qing authorities spared no efforts in trying to prevent aliens and foreigners from joining to fight against their empire.The consequences of such a foreign trade legal system were serious,which controlled,limited,deterred and even devastated its foreign trade.Despite any technological improvements or innovations in the construction of its foreign trade institution,the legal system was still wicked.It caused more and more disputes and escalating conflicts with foreign countries.Furthermore,it stopped China's foreign trade and its commodity economy from developing naturally,delayed the transformation in the Chinese society and pushed China into backwardness,poverty.Consequently,China became bullied by the western powers.
Keywords/Search Tags:International
PDF Full Text Request
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