Study On Legal System Of Thirteen Hongs In Guangzhou Of The Qing Dynasty

Since the 17 th century,the era of modernization,the marine trade of the Qing Dynasty has been deeply affected by the global expansion of western countries.The Qing government set up a relatively perfect and unique system,the Legal system of Thirteen Hongs in Guangzhou.The Qing government reformed the international trade legal system by taking Thirteen Hongs as the centre.Meanwhile,the Guangdong Customs connected the hong merchants with foreign merchants and stipulated their rights and obligations respectively as the foundation of international trade management.Through the study,we can investigate the response of the Qing government towards modernization,explore the adaptation to the traditional legal system,and analyze the historical reference of the Legal system of Thirteen Hongs in Guangzhou reform.In addition to the introduction and conclusion,the main body of this paper consists of five chapters.The introduction contains an academic summary and clarifies such points as Thirteen Hongs in Guangzhou,the Starting time of Thirteen Hongs in Guangzhou,and the Subjects in the Legal system of Thirteen Hongs in Guangzhou.The main contents of each chapter are as follows.Chapter one is the reasons for the reform of the Legal system of Thirteen Hongs in Guangzhou.In the 17 th century,western countries requested for more international trade under modernization.The Qing government faced a dilemma owing to the closed-door policy.In the domestic and international circumstances,the Qing government reformed the international trade system and lifted the ban on international marine trade.However,the tributary trade legal system could not meet the actual needs of carrying out modernized trade with Western countries.The growing international trade demanded a new international trade legal system.The Qing government established the Guangdong Customs to connect merchants at home and abroad.Moreover,it stipulated the rights and obligations of the hong and foreign merchants,respectively.Insofar,the Legal system of Thirteen Hongs in Guangzhou formed,which regulates the hong merchants,the foreign merchants and the Guangdong Customs.Chapter two illustrates the legal system for Guangdong customs.Under modernization,the development of international trade put forward new requirements for the international trade management institutions of the Qing Dynasty.The previous management of international trade could not meet the needs of modern trade after lifting of the marine-trade ban.The Qing government set up Guangdong Customs as a specialized agency to manage international trade by establishing the Guangdong Customs legal system.Guangdong Customs is the most important legal subject in the Legal system of Thirteen Hongs in Guangzhou.Guangdong Customs undertook responsibilities of linking the central and local governments and coordinating their interests in international trade,under their joint-supervision.Additionally,it was expected to be responsible for the collection of tariffs and the management of trade and responsible for the management of hong merchants and foreign merchants.To maintain the stability of feudal rule,Guangdong Customs not only realized the economic purpose but also met the political demands of the Qing government.Chapter three is about the legal system for hong merchants.To take control of the international trade,and to solve the obstacles of the management of foreigners which caused by the distinction between the East and West,the Qing government established the hongmerchants legal system.Under the permission of Guangdong Customs,hong merchants directly participated in the trade and enjoyed the right to monopolize.At the same time,they undertook many obligations,such as paying customs duties as agents,managing trade,controlling foreign merchants and communicating with foreign countries,and so forth.The development of international trade under modernization restricted the monopoly rights of hong merchants.Meanwhile,it strengthened the obligations and responsibilities of hong merchants.They were not only participants in the trade of Thirteen Hongs in Guangzhou but also the intermediary for the Qing government to manage foreign merchants.Hong merchants isolated foreign merchants from the government,as well as foreign merchants and mainlanders.The trading system was helpful for the Qing government to control the trade,and to achieve the balance between trade opening and trade control.Chapter four concerns the legal system for foreign merchants.The growing international trade resulted in a gradual increase of foreigners in Guangzhou.In order to manage foreigners and maintain international trade order,thereby securing social and political stability,the Qing government implemented strict controls on foreign merchants through hongmerchants legal system and established the foreign merchant legal system.Centred on the trade and living activities of foreign merchants in Guangzhou,the government granted them certain rights and extensive obligations.The exercise of their rights depended on the hong merchants,while their obligations were independent.In line with the changes in the trade management situation brought by the development of international trade under modernization,the foreign merchant legal system went from loose management to normative management and finally to strict management.Out of the need to manage trade and maintain dominance,the system showed a core feature of "prevention and prohibition" which restricted the personal freedom of foreign merchants and thesustained enlargement of trade.Chapter five is concerning the evaluation of the Legal system of Thirteen Hongs in Guangzhou.Guangdong Customs,hong merchants and foreign merchants played different roles in the international trade of Thirteen Hongs in Guangzhou.Their respective rights and obligations and legal relations among them have formed a unique system,the Legal system of Thirteen Hongs in Guangzhou.With the development of modernization,that legal system was continually changing,but not free from the stereotype of the feudal legal system in essence.The Legal system of Thirteen Hongs in Guangzhou not only realized the control of Qing government over international trade but also restricted the free development leading to frequent occurrences of private trade.The Legal system of Thirteen Hongs in Guangzhou has changed the traditional feudal legal system.Modern legal concepts and rules began to appear and made some preparations for the modernization of the Chinese legal system objectively.There were many kinds of legal conflicts between the East and West,which impaired the effects of the Legal system of Thirteen Hongs in Guangzhou,but it impacted the process of modernization of the Chinese legal system.The historical case of the Legal system of Thirteen Hongs in Guangzhou offered valuable experience to the current legislation of trading.In general,the establishment of the Legal System of Thirteen Hongs in Guangzhou reflected the response of the Qing government toward modernization.It has made legal changes to modernized trade.To a certain extent,it complied with the modernization,but it also restricted the development of free trade and fundamentally went against the modernization.