| The legal system of the management of civil ships in the Qing Dynasty refers to the relevant systems related to the management of civil ships established by the officials of the Qing Dynasty through the formulation of regulations.The so-called civilian ships refer to ships manufactured with private capital and owned by private individuals.This paper takes the legal system of civil ship management from the first year of Shunzhi to the sixth year of Tongzhi as the research object.It tries to restore the initial appearance of the legal system of civilian ship management in the Qing Dynasty through normative combing,case analysis and other methods.Under the background of understanding civilian ships as a "resource",this paper analyzes the formation process of the legal system of civilian ships in the Qing Dynasty,and expounds the characteristics of the legal system of civilian ship management in the Qing Dynasty.Finally,based on the perspective of national governance,it evaluates the legal system of civil ship management in the Qing Dynasty to form a regular understanding.In addition to the introduction and conclusion,this paper is divided into seven parts.The main contents of each chapter are as follows:The first chapter focuses on the historical origin of the legal system of civil ship management in the Qing Dynasty,which has been divided into two sections.The first section mainly discusses the classification of Qing Dynasty ships and Qing Dynasty civilian ships.Among them,special attention should be paid to the determination of classification standards from the perspective of ship management regulations.Based on the nature of ship ownership,ships in the Qing Dynasty can be divided into two broad categories: official ships and civilian ships.According to the different waters of the ships,the civilian ships of the Qing Dynasty can be divided into marine civilian ships and internal water civilian ships.However,in the sense of civil ship management regulations,marine civil ships can be roughly divided into coastal small boats,inland civil ships(mainly merchant ships and fishing boats)and foreign civil ships(merchant ships).Inland water boats can only be classified according to their functions,and they have many names.The management laws and regulations on inland water boats in the Qing Dynasty focused on three categories: fishing boats,ferries and merchant ships.The second section--A Brief Introduction to the Legal System of Ancient Civil Ship Management,which mainly studies the historical origin of the legal system of civil ship management in the Qing Dynasty.From the five aspects of civil ship construction management,civil ship leasing and trading management,civil ship transportation and inspection,civil ship registration management,civil ship shipping safety and shipping order management,this paper sorts out the evolution of civil ship management legislation before the Qing Dynasty.After sorting out,it is believed that some aspects of the legal system of civil ship management in the Qing Dynasty are the inheritance of the legal system of civil ship management in different historical periods,that is,the latter constitutes the historical origin of the former.The second chapter focused on the legal system of civil ship construction management in Qing Dynasty,which has been divided into two sections.Due to less restrictions on the construction of civil ships in the Qing Dynasty and fewer legal regulations on construction approval procedures,the first section of this chapter,"Construction Permits and Procedures for Civil Ships in the Qing Dynasty",focuses on sorting out the construction of marine civil ships in the Qing Dynasty.It is believed that the marine civil ship construction policy is bounded by the 23 rd year of Kangxi,and has experienced two stages of "swinging" and "official lifting".In the latter stage,the imperial court formally established the "application-license" system in the construction of marine civilian ships.At the same time,in order to meet and serve the needs of civil shipbuilding,in addition to the general procedures,the court also established a series of norms for shipbuilding activities under certain special circumstances.In response to the common illegal situations in civil shipbuilding activities such as the unauthorized construction of marine civilian ships,the private shipbuilding activities brought back from overseas,the shipbuilding activities for the purpose of chartering ships in the early Qing Dynasty,and the oversight of officials when reviewing shipbuilding applications accountability and holding officials accountable for oversight to prevent and govern.The second section,"Construction Restrictions of Civilian Ships in the Qing Dynasty",also takes the marine civil ships as the main research object,and discusses some regional laws and regulations on the restrictions on the construction of civil ships in the internal waters.The construction restriction decree of marine civilian ships also takes the 23 rd year of Kangxi as the cut-off point.Twenty-three years before the reign of Emperor Kangxi,the central-level violation standards for marine civilian ships had changed from "two-masted" to "more than five hundred stone".Twenty-three years after the reign of Emperor Kangxi,the illegal judgment of marine civilian ships was mainly based on the size of the beam head and the number of masts.In addition to the legislative norms at the central level,some regions have made detailed or flexible legislation by reporting to the court for approval according to the actual situation of regional governance.The laws and regulations on the restrictions on the construction of civilian ships in the Qing Dynasty showed the characteristics of different from time to time,from place to place,from need to ship,and from ship to ship.The third chapter-The Legal System of the Management of Chartering,Hiring and Trading of Civil Boats in the Qing Dynasty,which also has been divided into two sections.The first section,"The Legal System of the Management of Private Boat Chartering and Hiring",discusses in turn the three situations of government-hired private boats,privately chartered private boats and privately hired private boats.Officially hired civilian ships mainly discussed the government’s management of officially hired civilian ships,mainly involving issues such as the conditions of hiring ships,the price of hire,and the determination and investigation of transportation responsibilities.At the same time,the legislation also regulates illegal situations in the activities of official-hired civilian ships.The main purpose is to realize the government’s preservation of direct control of transportation capacity,protect the rights and interests of employees,and maintain the sustainability of official-hired civilian ships.On the topic of private chartering of private boats,it focuses on the establishment and lifting of the ban on private boat chartering,and believes that preventing private charter boats from being bandits is the focus of government management in the field of private boat chartering,and the government has set a series of procedural requirements for private boat chartering..As for the private employment of civilian ships,the paper focuses on the analysis of the quay system of ships,and believes that this is a means of administrative intervention and control to intervene in the activities of private boat hire.In order to ensure the effectiveness of the system,the imperial court also managed a series of accumulated drawbacks in the dock system,but the effect was still limited.The second section,"Civil Boat Trading System",discusses the court’s position and control over the changes in the ownership of civilian boats.The government can timely grasp the transfer of ownership of civilian ships,mainly through the establishment of a series of procedural elements such as reporting officials and changing licenses.Bringing relevant transaction activities into the scope that the government can know and control,which is the logical starting point for the introduction of relevant management norms.The fourth chapter-the legal system of the carriage and inspection of civilian ships in the Qing Dynasty",which has been divided into two sections.The first section,"Civilian Vessel Carrying Legal System" discusses the stowage restrictions of marine civilian vessels on the number of rudder water personnel,spare food,spare repair materials,weapons and guns,and other ship-borne items.Preventing the loss of relevant personnel and materials is an important issue.The main purpose of the government setting restrictions on the carriage of civilian ships.In contrast,the imperial court almost did not impose any restrictions on the carriage of civilian ships in the inner waters,which well reflects the different policy tendencies adopted by the Qing government on the management of maritime civilian ships and inner water civilian ships.Different perceptions of differences in control.At the same time,the stipulation that the restrictions on the stowage of foreign merchant ships on the stowage of goods are wider than those of the inland sea merchant fishing ships,also reflects the court’s appropriate care for the economic factors of people’s livelihood and the moderate guarantee of the freedom of navigation space for civilian ships.The second section,"The Legal System of Civil Vessel Inspection",which discusses the key contents of the inspection of civilian vessels in different waters.The content and extent of the inspection of marine civilian vessels is far more or stricter than that of inland water vessels.The cognition of control ability,and the absolute advantage of regime security in the cognition of government value rank.Whether the person’s photo is consistent with the cargo certificate is the main means of inspection of marine civilian ships.In view of the various accumulated malpractices of officials’ favoritism,negligence,and extortion during the inspection of civilian ships,the government has also tried to prevent and control them by strictly clarifying and reiterating administrative sanctions and even punishing them with penalties.In the field of civilian ship inspection,it also emphasizes the connection and cooperation between the governance of officials and the people,and to maintain and protect the freedom and efficiency of the use of civilian ships within a certain limit.determination.The fifth chapter-the legal system of civil ship registration management in Qing Dynasty,which has been divided into three sections.The first section,"Appearance Management: Publishing and Branding Oil Decorations" introduces the appearance management system of civilian ships in the Qing Dynasty,in which certain rules formulated by local governments supplement and break through the central policy.Water security management.In order to ensure the implementation of this system,the government also tried to prevent the various accusations arising from the implementation of this mechanism.The second section,"Certificate Management: Card Ticket System",discusses the ship license and clearance card system in the Qing Dynasty respectively.The ship license management system established in the Qing Dynasty was comprehensive and meticulous,from application,verification,award,content,replacement to cancellation,all of which reflected the government’s position of grasping civilian ships in real time.The ship license system is the top priority of civilian ship management.In order to prevent this system from being poorly implemented or alienated in practice,the government has also established corresponding disciplinary measures.For merchant ships that go to sea,the government has also set regulations on going to customs to obtain licenses,and has set up a set of implementation measures similar to and synchronized with ship photography around the application and cancellation of licenses,so as to ensure the government’s taxation and inspection of merchant ships going to sea..The third section-Organization and Management,Civil Ship Armoring,which discusses the armoring system in the field of civil ships.In addition to the central government’s regulations on the issue of civilian ships,various implementation methods have also been explored and implemented in different regions,such as the "ship armor + Australian armor" system in Fujian,the "captain system" in Guangdong,Methods of weaving armor for fishing boats,etc.In the aspect of civil ship armoring in the inner waters,the case study is mainly carried out on the example of civil ship armoring in Ankang area of Shaanxi in the mid-Qing Dynasty.In the eyes of officials in the Qing Dynasty,the civilian ship armoring system helped the government to strengthen water security management,ensure travel safety,and achieve effective control and supervision of civilian ships.promotion.The sixth chapter-the legal system of the management of the safety and shipping order of civil ships in the Qing Dynasty,which also has been divided into two sections.The first section-The Legal System of Civil Ship Shipping Safety Management in the Qing Dynasty,which analyzes the legal system established by the government in the Qing Dynasty to prevent and control the risks that may be encountered by the safety of civilian ships from the perspectives of natural risks and social risks.It mainly includes the civil ship rescue legal system established for the risk threat at the natural level,the public security management system established for the risk threat at the social level such as water bandits,and the shipping management system established for the violation of ship safety.The second section-The Legal System of Civil Shipping Order Management in the Qing Dynasty,which lists various acts endangering the interests of civil shipping,as well as the prevention and control measures established by the government for such acts.The indiscriminate bans and arrests of the government,the navigation privileges of official ships,and the disturbance to the shipping order of civilian ships by boats,officers and soldiers,quays,and even illegal civilian ship owners have all formed interference and threats to the normal shipping order of civilian ships.Corresponding prevention and punishment measures have also been established one by one.In short,The construction of the legal system for the management of civil shipping safety and shipping order reflects the position of the Qing government as the "national Guardian" to some extent,and objectively reflects the Qing government’s consideration and care for people’s livelihood,economy and social welfare.The seventh chapter-the formation,characteristics and evaluation of the civil ship management legal system in the Qing Dynasty,which has been divided into three sections.The first section,"The Formation of the Legal System of Civil Ship Management in the Qing Dynasty",which discusses the evolution of the legal norms for the management of civil ships in the Qing Dynasty and the formation process of the corresponding legal system.Among them,the legal norms for the management of civil ships at the central level mainly include comprehensive laws,compiled conventions and conventions cases,conventions rules and regulations,and individual regulations represented by the rules and regulations of various ministries.Local regulations on the management of civilian ships are mainly based on provincial regulations and notices,and the prohibition monuments published by the government or authorized to publish are a special case of notices.The second section,"Characteristics of the Legal System of Civil Ship Management in the Qing Dynasty",which examines the characteristics of the legal system of civil ship management in the Qing Dynasty from two aspects: form and content.Coarse to detail and multiple complements in normative functions,the characteristics of content are mainly summarized from three aspects: regulatory means,regulatory behavior and regulatory position.Specifically include the concern and regulation of marine civilian ships over domestic water civilian ships,and the use of civilian ships.The three characteristics of both control and protection of the rights and interests of civilian ships,and equal emphasis on administrative punishment of officials and criminal punishment of the people,reflect that on the premise of ensuring that the government has sufficient control over civilian ships as a liquid resource,guaranteeing The legislative orientation of utilizing the rights space of civilian ships in the field of people’s livelihood economy.The third section-Evaluation of the Legal System of Civil Ship Management from the Perspective of State Governance,which mainly based on the perspective of state governance,evaluates the legal system of civil ship management in the Qing Dynasty.This paper believes that the exploration of the legal system for the management of civilian ships in the Qing Dynasty is a summary of the governance experience of "governing ships by law" before the Qing Dynasty,and it also reflects the Qing court’s efforts in water management,but its implementation process is also a result of accumulated drawbacks and The process of alternating and repeated treatment of malpractices also exposed the inability of the Qing Dynasty’s national governance capacity to a certain extent. |
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