A Study On The Modern Legal View Of "Early Diplomats" In The Late Qing Dynasty

Early diplomats in late Qing dynasty were the early official group to go out in modern China. And the experience and investigation abroad brought their ideas a strong shock. They vigorously introduced and promoted the western concept of legal system and the rule of law, and put forward to the corresponding reform advocates. This article will discuss the legal thoughts and impact on Chinese legal modernization process of the early diplomats in the late Qing dynasty(1875-1894), attempting to Guo song-tao and Xue fu-cheng as the core.The article summarized the legal thoughts of the early diplomats in the late Qing dynasty from the political view, judicial view, jail view and international public law view, and analyzed their understanding of western legal cultures and ways of thinking,and various ways for their notion spreading. Same as diplomatic envoys to the west,their view of law in formation are also different, in addition to the envoy’s own knowledge level, degree of an open mind, is also closely related to the role of late Qing government bureaucratic elites identity. Under the semi-colonial and semi-feudal society of the historical background, it’s difficult and controversial for the diplomats in the late Qing dynasty eager to reform Chinese legal system according to the advanced western legal culture, but its criticism of the feudal legal system and the thought of legal system of the modern significance, has played a pioneer role for Chinese traditional law towards modernization.