Late Qing Lesson Plans "legal Analysis

On the Cases relating of the late Qing government to prevent and deal with their religious policy is an important part of the Qing government, and also closely related to foreign affairs. Cases relating to the late Qing Dynasty and international political and ethnic conflicts and class conflicts are intertwined, it is almost swept the Chinese government, Clifford Chance, the various sectors, Cases relating to the late Qing Dynasty dealing with the most difficult government of the Qing Dynasty is one of the issues. Cases the occurrence of the semi-colonial China is an important sign that the process of China's modern history, have an important impact. Cases relating to the late Qing Dynasty refers to the Qing government to deal with the use of legal foreign missionaries and Chinese official or the masses of believers and China and China's official or, for various reasons, among the masses caused by the types of cases. By using First Historical Archives of China, and Fujian Normal University, eds. " Cases relating to the late Qing Dynasty " raw data, from a legal point of view to study the lesson plans by the end of the Qing dynasty. This paper consists of four parts:Reply On some of the major domestic and foreign researchers introduced in this area of research results. While these research results exemplars of the new China has done pioneering research, but also to teaching on the end of the Qing dynasty regard to a particular exposition. Therefore, the topics of research and analysis in the late Qing Dynasty teaching specific reasons, summarized it this late Qing Dynasty will be a large-scale teaching experience and the lessons learned. China on how to deal with the current and future international relations, has a very important practical value and practical value.The first part of the late Qing Dynasty Overview exemplars. Exemplars of the end of the Qing dynasty in the overall distribution. Western missionaries in China to church-based, national force, diplomacy backed by the unequal treaties and extraterritoriality, rampant in China, Wu Ji, riding. Some criminals are Zhangshiqiren After joining the church, the local rogue. Then spread with such a saying: "Not the church and yet such as rats, both the church and just like Tiger." Led to t Cases relating to the late Qing Dynasty in the following two reasons: First, missionaries illegal occupation of immovable property; two missionaries have extraterritorial jurisdiction, unlawful violation of Christians Qing law. And the Qing government to deal with teaching principles: First, Christians and civilians are equal, not because of religious believers and enjoy privileges or suffer from discrimination, and for the local official in the case between the people should always fair and equal treatment; Second, foreign missionaries and not to interfere in the proceedings between Christians.The second part of Cases relating to the late Qing Dynasty the relevant legal provisions. First, as the study of the provisions of the law which people can study religion, which is prohibited practices of the people. Second, the jurisdiction of foreign missionaries changes. From "all of the foreigners, similar self offenders, in accordance vulgar Law," "otherness of the offenders, are required national legislation, on the Xingming." Where enjoy consular jurisdiction to the development of the countries, the country nationals from the jurisdiction of the host country, that is, regardless of what type of violation of the criminal laws of the host country or illegal, civil or criminal proceedings do not become parties. The judiciary the right to host the decision only by the country's consular or located in the host country's judicial institutions in accordance with their national laws magistrate. Third, foreign missionaries in China's legal status. - Government issued the "local official reception the clergy of the Catholic Church" to give legal form of foreign missionaries and Chinese officials should be relatively level and the duties of political identity. However, the actual result is that too much of the increase in China's foreign missionaries, the legal status of foreign missionaries has been made so clear and practical government officials a legal status. Fourth, the law of the church be protected. Bao-Jia established system, the so-called Guanshen united as one of the security measures. Fifth, the Qing government to prohibit the church armed. And legal provisions in the form of clear Christians and civilians, do not enjoy the privilege of possession of a firearm, the gun must be paid. At the same time, clearly formed by the church and local Bao-Jia organizations, may have a small part as a gun-night self-defence purposes. Sixth, it is accepted and dealt with the official teaching institutions. The Qing government to set up the Prime Minister Office of External Affairs Amun representations incident. Later, the Prime Minister will be changed to the Ministry of Foreign Affairs Amun, the internal structures and functions of larger institutions have made the adjustment. Ching tried to deal with the Senate and the best exemplars of places. At the local level with special lesson plans for the local bodies, Shanxi governor Zhang Zhidong in Shanxi based on the exemplars for specialized teaching. Jiangxi, Jiangxi Westernization of the establishment of the Prime Minister.The third part of distinguish the government's handling of the proceedings exemplars. First, mediation. In some places the creation of a mediation deal with the relations between the two sides of the body. Second, the rules of procedure. Those cases occurred after the capture of the perpetrators solution to the problem is an important aspect. But officials in the hunt for the perpetrators in the process, often without the support of the people, and ultimately on the issue in the hunt for the perpetrators often in vain LAB justice. Then questioning. Torture feudal autocratic system of justice is the basic characteristics. "King of the statement is evidence," judicial officials in ancient China is a consistent understanding. Qinglu: of torture are strictly legal requirement. However, in order to appease foreigners, the Qing government of local officials exception lesson plans had to frequently punishment, in order to quickly closed. Third, Man killed. This is in the process of teaching before a judicial characteristics. As the nationwide implementation Man killed, therefore, the past-trial review of the death penalty system was damaged. Central returns, the ruling by the emperor personally death penalty cases is very limited. Bootlegging cases fate of the death penalty ruling from the highly centralized to highly decentralized, and this is Man killed brought about by the implementation of the trial system changes. Fourth, the case Report procedures. The Qing government to set up the Prime Minister Office of External Affairs Amun representations institutions. The Qing government in the late Qing Dynasty Cases trial is in the process of a comprehensive intervention. To the general Coubao-supreme ruler of the former national affairs to the prime minister must first report Zhongliyamen. These are generally the handling of the case and different. Five, the results of the handling of the case. In order to eliminate foreign troops as an excuse to teaching, the Qing government to modify the law sometimes in the form of closed cases. For local officials, in their area if the outbreak of lesson plans, regardless of religion-based cases were there relations with the local official, the Qing government will be unable to prevent the advance's just their dismissal. And often in the case should be closed after a large number of silver paid.Concluding remarks summed up in the final part of the Qing government to deal with the case on the issue of compromise with the opposition. But compromise is the mainstream, compromise than fight. The Qing government in the struggle between compromise and vacillating, compromise and the choice of resistance are closely with the social background of China's modern solidarity.