The History And Development Of Pre-modern Poor-law In China

The subject of this paper is on the history and development of pre-modern poor-law inChina to reflect upon the growth process of its international law system through theoreticalanalysis and case study method. The study will mainly focus on the diplomatic and trade lawand the influence on the history of China’s international law as an effort to complement onthe academic field of China’s international law.The first chapter is on the evaluation analysis of the relationship between internationallaw and common law in China. It introduces the origin of international law concept and thesignificance of neutralized international law. According to ICJ Regulation Article38, it isdefined as,“The Court, whose function is to decide in accordance with international law suchdisputes as are submitted to it, shall apply: a. international conventions, whether general orparticular, establishing rules expressly recognized by the contesting states; b. internationalcustom, as evidence of a general practice accepted as law; c. the general principles of lawrecognized by civilized nations; d. subject to the provisions of Article59, judicial decisionsand the teachings of the most highly qualified publicists of the various nations, as subsidiarymeans for the determination of rules of law.”Common law is the main content in the origin of international law. Although it is notspecifically defined in the pre-modern international law, it has been uniquely formulatedthroughout the China’s history of thousands of years. Secondly, this chapter covers theconcept of international common law and the conditions for its establishment. There are twoconditions to be met for international common law to be established. First one is‘international practice (material factor)’ and the second one is ‘confidence in law legislation (psychological factor). Many studies have been done to introduce the international cases andperspectives of different scholars. Thirdly, this chapter also introduces the concept of‘Sinocentrism’ and its characteristics. The views of Korean scholars are mainly covered whilefocusing on its advantages to pre-modern European international order.The second chapter is on the diplomatic law of pre-modern China. The first part on thispaper previously introduced the characteristics of diplomatic law. Through many historicalcases, the context and structural process of Chinese diplomatic law was accounted for. Themost important feature of the diplomatic law is that the system is maintained through tributeand ‘installation system’. Diplomatic relations are formed as stronger countries receivetribute from neighboring weaker countries while granting their rights to rule. Tribute systemhas been the approved system since the era of ‘Chun-Choo Whole Country’, and it serves asthe crucial diplomatic system to maintain the Chinese system for thousands of years. It hasbeen proved that such tribute-installation system has been maintained and developedthroughout many eras, eventually establishing international common law.Diplomatic institutions and diplomats in the system of Chinese international law areintroduced in the second chapter, as well.‘Covenant System (Hui-Meng System)’ has beenestablished after the era of ‘Chun-Choo Whole Country’ and diplomatic agencies have beenformed and developed.The development of diplomatic system in China led to the growth of diplomatic system inneighboring countries. Chosun and Japan at that time had their diplomatic relations viacommunication system. The purpose and activities of diplomat stipulated in the diplomaticpledge and law of Chinese international law is very similar and it is difficult to refute the factthat it had some impacts on western diplomatic system. Thirdly, this chapter touches uponvagabonds and diplomatic document problems within the international law. This system hasalso been established since the era of ‘Chun-Choo Whole Country’ and it has been fixated asa custom for a long time. The policy measures for vagabonds in Song/Ming/Ching dynastyare studied along with their institutional characteristics. The comparative analysis has beenconducted on the China’s own custom with salvage agreement in1910.(CONVENTIONFOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO ASSISTANCEAND SALVAGE AT SEA, BRUSSELS,23SEPTEMBER1910) It is a custom that has beenpracticed for a long period of time and it is easy to notice its greatness when comparing itwith current system. The third chapter is on the trade law of pre-modern China. The first part of this chapterintroduces many historical cases, along with various trade methods like interlocking,‘Babao’trade methods to examine tribute trade system. Second part is on the study of governmentalauthorities for overseas trade. The ‘governmental offices for overseas trade system(市舶使)’was made to control and handle the diplomatic trade relations since AD714. This system ispracticed to the advantage of foreign traders, thereby inducing foreign investment in China.This system is not entirely the same as what is regulated in the International Convention onthe Simplification and Harmonization of Customs Procedures (1937). But its purpose andeffect is the similar.The fourth chapter is on the adoption of ‘Elements of international law’ and theof international law system in pre-modern China. The first part introduces the process andcontent of ‘Elements of international law’. It is translated by an American missionary, HenryWheaton in1864, and it systemically illustrated Western modern law concepts to China. Theinception of ‘Elements of international law’ led to the birth of sovereign state concept. Theinternational relation has changed from vertical, unequal order to more horizontal and equalone. The second part studies on its influence of Chosun dynasty with3parts analysis foracceptance process. Also,‘Dual system theory’ is introduced for analyzing the problems ofChosun dynasty in the context of modern order between its modern relations with westerncountries.