The Pre-test About The Concept Of Commercial Treaty In The Late Qing Dynasty (1901-1911)

Modern China has entered a new era of relations between China and foreign countries, the treaty as a link, foreign relations was in a trend of continuous development of deformity. Modern Chinese and foreign treaties include not only has a strong colonial political treaty, but also includes a very aggressive nature of the treaty, sometimes even more far-reaching treaty.Since the Opium War in1840, China gradually with the Western powers to sign some commercial treaties or terms. With the development of treaty relations, commercial treaty relations have experienced a changing process, the concept of commercial treaty also gradually formed and perfected. In the late Qing Dynasty, the Qing government and personnel for the commercial treaty awareness began more fuzzy, after gradually became clear. Until the late Qing Dynasty ten years, along with the new change of pattern of Chinese and foreign relations as well as international law, treaty recognizing theory level rise substantially, and to" Xin Chou treaty" signed for the direct opportunity, the commercial treaty negotiations launched extensively. The concept of commercial treaty in practice representations increasingly incline to is mature, basically formed a relatively systematic and complete system, and has a very rich connotation. In late nineteenth Century, early twentieth Century, continue to deepen the understanding of the treaties as the foundation, the concept of commercial treaty has bright times sex and uniqueness. The concept of commercial treaty’s basic content are mainly embodied in the Treaty’s nature, scope, and other basic morphological aspects of understanding, as well as to the commercial treaty’s revision strategies and influence of cognition. At the same time, to issue specific content as the object, the" abrogation of tax", the most-favored-nation clause, inland river boat and other related issues constitute the core content of the view of t the concept of commercial treaty. With" abrogation of tax ", constantly deepen and expand the traditional commercial treaty on the basis of understanding, also began to pay attention to the new treaty content summaries, such as mining of association, the joint stock company and intellectual property rights.Modern Chinese and foreign commercial treaty was in a changing process of development, and gradually formed the" flexible" features. It reflects the nature of the external concept with modern development, including the acceptance of new ideas; and also reveals the powers of power politics and foreign treaty inequality. Especially in the late Qing Dynasty period, around the connotation of the concept of comprehensive development. Due to the class historical limitations and other factors, the Qing government and non government personnel to issue know again some similarities and differences, the commercial treaty and this kind of government-owned civilian contrast is also further improve the view of the system of treaty.