The International Law Vision Of The Scholars Of Law And Politics In The Republic Of China

The Chinese Social and Political Science Association,established in Beijing in1915,is the earliest national social science professional association in China.The association was initiated and established by American diplomat and political scientist Paul Samuel Reinsch(???)associated with Gu Weijun(Vi Kyuin"Wellington"Koo,???)and other several persons,aiming to study social sciences especially international law and diplomacy.The association,whose members include celebrities from the diplomatic and intellectual circles at home and abroad,formed a platform for communicating ideas.The Chinese Social and Political Science Review is the journal of the Chinese Social and Political Science Association.It includes 24 volumes in total,the first volume published in 1916 and the last in 1941.Published in English,the journal includes research on politics,law,sociology,economics,and administration.It was a prestigious academic journal at that time.This article centered on articles in the journal,combined with historical archives,current affairs and political comments,news reports,personal memories and other materials,to study the background of the formulation of foreign policy and the application of negotiation strategies at that time.It paid special attention to the cognition of international law theory of the scholars of law and politics of the Republic of China and their diplomatic practice,such as the Treaty Revision Campaign of the Beiyang Government.It is expected to enrich our understanding of the diplomatic history of the Republic of China.The full text is divided into the following parts:The first chapter outlines the establishment,development,organization,and activities of our country's first national professional social science association,the Chinese Social and Political Science Association.The article focuses on the analysis of the interpersonal network of people in the diplomatic and education area returned from Europe and the United States in the 1920 s,their teacher-student relationship and personal friendships with the American diplomatic and politicians,and the hidden influence of the association as a communication platform between China and the United States.This chapter will also review the basic topics of international law covered by the journal,including the history of international law,principles of international law,international organizations,and the review of important works on international law in the book review column.Chapter two tries to put articles in the journal under major diplomatic events in the Beiyang period,including China's participation in the First World War,its participation in the Paris Peace Conference and the Washington Conference and other major events,and outlines the theoretical debates and diplomatic practice of those diplomats using international law on the international stage during this period.When the First World War broke and expanded,European countries could not spare their hands to intervene in Asia affairs.Meanwhile,Yuan Shikai tried to proclaim the emperor.Japan took advantage of this situation and imposed the "Twenty-one Demands" on China in 1915.China tried to make full use of the contradictions of different nations to solve the problem.Domestic public opinion and foreign policy groups launched fierce debates on the issue of participation in the war.In the end,China participated in the post-war Paris Peace Conference with the Allied Powers camp.US President Woodrow Wilson and his "Fourteen Points" had brought a refreshing experience to the world.The diplomatic community also hoped to use external forces to break the stalemate that Japan was pressing.Law and politics scholars are enthusiastic about the idea of a new post-war order such as the League of Nations.However,the Paris Peace Conference delivered a heavy blow to them.Nevertheless,their diplomatic efforts are still an important turning point in the history of modern diplomacy.Chapter Three discusses the Treaty Revision Campaign of the Beiyang Government.The Beiyang period coincided with the revision of a number of treaties.According to the agreements with foreign countries,with the improvement of the rule of law in China,unequal treaties can be gradually canceled through revision or making of new treaties.The Ministry of Foreign Affairs specially organizes professional organizations to sort out issues related to unequal treaties in different categories,hoping to gain an equal status and rights in a relatively peaceful manner.Although under the storm of "revolutionary diplomacy",the value of treaty-revision-diplomacy has been obscured,the papers and research collections published by this group of legal scholars can still reproduce their active efforts both in legal theory and practice at that time,which helps to enrich our understanding and evaluation of diplomatic history of this period.The fourth chapter discusses the relationship between diplomacy and legal reform.One of the theoretical excuses for the signing of unequal treaties between the West and China was that China's legal system was incomplete and lacked modern civilized legislative system and professional judicial personnel.The goal of judicial reform was to establish a legal system and judicial system that meet modern standards and made out country to step into the ranks of civilized countries.Under the guidance of this goal,an important condition for our country to strive for equality with the outside world was the reform of the domestic judicial system.People at that time has made considerable efforts to this end,including hiring legal experts as government legal advisers,sending students to foreign countries to study law,compiling new codes,and actively referencing Japan's experience in judicial reform,etc.The changes in the construction of the domestic legal system and diplomatic institutions and concepts of the Republic of China are also an important part of our country's modernization process,and its external thrust is more from the pursuit of an equal international status and being accepted as one member of the world family.The fifth chapter deals with the relationship between the cognition of international law theory of the scholarsof law and politics of the Repblic of China and their practice in politics and diplomacy.In the early years of the Republic of China,those scholars of law and politics not only received a good education,possessed considerable knowledge and theory of international law,but also had the determination to change the status of China.These groups of diplomats and scholars who have emerged on the stage of modern diplomacy,through their academic propositions and their influence on real political diplomacy,had left a unique mark on the changes in modern international politics and the process of our country's diplomacy moving from tradition to modernity.On one hand,as pioneers,they tried to break the constraints of the status quo of diplomacy under the international principle of power and balance;on the other hand,as realists,they were also trying to make the most use of international law and look for a suitable diplomatic path for China.This article reached in the conclusion that,this generation of diplomats and scholars,some were diplomats with specialization in their skills,some were important scholars of international law,and some had the dual identities of diplomacy and scholars,had gone through arduous explorations and witnessed the humiliation that preferential diplomacy would never be offered any weak country.They actively promote the achievements of China's legal system modernization,strive to use international law to break the unequal treaties imposed on China,and safeguard national interests through diplomatic channels and strategies.Although many times faced with diplomatic dilemmas,they clearly realized that behind diplomatic problems were political problems,which were the balance of national power between different countries.Their efforts and experience are also an important part of the diplomacy of the Republic of China.