Study On Origin Of Private International Law In China's Modern Times--A Study Of Qing Dynasty Private International Law

The study on the history of the private international law is very weak in the whole prosperous study of the law science. This article aims to do little contribution to the mentioned study field.The article combines the general principle of the private international law with the bud of that in China, analyses historically the two essential conditions that help shaped the private international law in china: the enhancement of the foreigners' legal status in civil proceedings and the China' s acknowledge of the outsider effectiveness of the foreign country' s law. The historical evolvement of such status is accompanied by the shift from the arrogance of mightiness to the loss of the sovereignty. The policies in Macao and Guangzhou embodied the discriminated status. The establishment of the Consular Jurisdiction subjectively results in two consequences: the gain of the ex-civil status and the stimulation of study of foreign laws. Huishen Gongxie, as the most representational place, act as the epitome of the execution of the Consular Jurisdiction in China. China had seen a most creationary revolution in history in the law system started in the late 19' s .The legislature and judicatory practise, the translation and study of the famous works and the education' s booming in the field of the private international law had also melt in the revolution and .finally fulfilled its process of modernization..