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Research On The International Law In Chunqiu Period

Posted on:2005-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y C ZhaoFull Text:PDF
GTID:2155360122499849Subject:History of Ancient China
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International law is a common noun in mordern international community.It was called the law covered all the counties or the common law covered all the countries in ancient time.It means the law among countries in its literal meaning,and to be concrete,it refers to the summary of the rules,regulations that adjust the relation among countries.In ancient time the law that adjusted the relations among countries hadn't been expressed by the phrase "international law".Since BianQin used "international law"to mean the law adjusted the relation among countries in his book firstly in 1978,the phrase "international law "have been accepted universally by international community. International law in ChunQiu Period refers to the summary of regulations and rules that was popular among the States in ChunQiu Period.Whether there was International law in ChunQiu Period wasn't agreed.We think that there wasn't International law of modern sense in ChunQiu Period,but there was ancient International law in that period.Though the international law wasn't pefect,it had formed its shroot or we can say it had brought up its shroot,only due to some reasons,it hadn't become the International law of mordern sense. The thesis details the International law in ChunQiu Period with six Chapters except the preface.In the preface we introduce the studying situation of international law homely and abroad since the begginning of last century and point out the advantage and disadvantage of their study.we think that as studying International law in ChunQiu Period is concerned neither should we be so conceited to insist that the international law in ChunQiu Period should be of mordern sense nor should we reckon that there should be no international law in ChunQiu Period.So we should base on the historic facts in ChunQiu Period,make analysis of the conclusions of former learners,and study international law in ChunQiu Period with an objective eye. Chapter one:There was international law in ChunQiu Period.Strickly speaking,international law in ancient time of our country took its root in ChunQiu Period,though it was still acted in Warring States Period its effect became lighter and lighter. Though the regulation between hosts and guests began in WestZhou ,the performance of it formed in ChunQiu.The Australian learner reckon that there are four elements necessary for the producing of international law .The first is many countries,the second is countries'nationality,the third is the communication among countries,the fourth is the common rules of law.We make strict research of the historic facts and can make the conclusion that the situation of ChunQiu Period completely match the four clauses.Then we detail the trace of international law in ChunQiu Period,that is the international common rules,the international ?former examples,the former regulation in WestZhou,the international politeness and the legislation in the respective state. Chapter two:The basic priciples of international law in ChunQiu Period.First, the nationality is comparably equal.Though in ChunQiu period the affection of dividing States policy had become smaller the emperior of Zhou was still the common governor of the whole country.The second,the nationality mustn't be offond,that means all the States had the expremepower of their land,forbidding any other States offond it,and had the exclusive management power of the people and things in the States.The Yao Compaign between Qin and Jin embodied that priciples.Qin planned to attack Zheng,without the pemmision of Jin Qin went through Jin,and that badly offond Jin's nationality,finally the compaign arose and ?Qin failed completely.But there ?were also some States couldn't safeguard their powers and rushed.That is the particularity of international law in ChunQiu Period.The third,the States owned their own business and mustn't interfere others'.that point linked with the equalion of nationality.All the emperior managed the things in his State indepedently with...
Keywords/Search Tags:International
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