Researching The Northeast Boundary Business's Legal Matter In The Initial Period Of Qing Dynasty Between China And Russia

In the history, the initial relationship of a country with another national often begins with the trade occurrence and the development between the both countries. Before the official contact of China and Russia, the both had trade relation indirectly and directly. The Russian heard the related information of Heilongjiang at first was in 17th century the 40s, and after that they decided to seek for this Heilongjiang basin which was reported as a bountiful land. Russia's armed troop was forcing the local resident paying taxes and pledging allegiance to them on the marching way. Therefore, Russia had relation in politics with Chinese government finally. Russia sent more envoys to China, and had the two wars of Jaxa. In 1689, China and Russia negotiated peacefully and signed "the Treaty of Nerchinsk". Although this signed treaty after twists and turns, it divided the part of the China and Russia's east section boundary, and solved many questions, such as the aggression of crosses the border, escaping people, the trade stipulation between China and Russia.In the early days of the Qing dynasty, the formulation of our national law was not embarking from the boundary or the region, for instance, the demand of national defense, but was embarking from the ethnic relations and in view of national characteristics. Because it has the very big limitation, in this kind of relation, there was no existence space for international law naturally. But "the Treaty of Nerchinsk" has attacked the legal regime in China at that time, and broke the paying tribute relation which between with China and other countries. Emperor Kangxi sent two Jesus who understanding the international law knowledge to help the Chinese envoys. Finally they signed an equal international convention on the foundation of offering mutual benefits and achieving common progression. Although the government of Qing had not accepted the international law and the western-style diplomatic pattern, or Emperor Kangxi was just only utilized the international law strategically, but objectively, this is much more important for the question's solution of Chinese frontier.The government of the beginning of Qing valued the construction of border defense. Because the country did not have the similar legal regime that the boundary management could follow the international situation, they came apart with the international society. In the mid and late part of the Qing, the national border defense declined rapidly, so those big powered countries having opportunities to invade Chinese territory. Summarizing these boundary histories is meaningful to our present boundary business. The economic development is the foundation of formidable national defense. Prosperous politics is the basis of consolidated national defense. National unification and nationality's unity is the key of formidable national defense. Developing transportation communicates the cultures. Walk with the international tracks.From the boundary problem of China and Russia start, after the signed of 'Treaty of Nerchinsk" and other boundary business and disputes of the two countries, the all explained that the boundary problem has always been the hidden danger of Influence national security. We should complete the unification of the legal system emphatically, guide the harmony and stable life and the order development, be together harmoniously with the international society to make the country becoming a whole which is perfect, healthy and unified legal system. Simultaneously, this even more may solve the boundary dispute through the peaceful means reasonable, legitimately and equally between the two countries. And this makes the contribution for stable and peace of other areas and worldThrough the summary of historic lesson that solving the boundary problem of China and Russia, we knew, we can follow the related principle of international law to solute conflict, treat the establishment neighborhood relations as the goal diligently. According to the change of international situation and the need of domestic situation, we make the essential adjustment on the law and the policy, and keep pace with the time and proceed steadily. So long as we insist, we may melt all conflict and the contradiction effectively.The article depends on the clue above, introduces the relationship between China and Russia in initial period of Qing Dynasty and the signed of "the Treaty of Nerchinsk". Above this foundation, it discusses the Qing's management system about the business of northeast boundary between the two countries. The author is using the history of legal's research technique here. Especially, it discusses the importance of the boundary business by an angle of view from international law. Through the comparison between the related viewpoint and the fact of history of the scholar from Soviet and Russia, it has a limited view and manner of Chinese government at the beginning of Qing from "the Treaty of Nerchinsk", and summarizes the enlightenment to present era.