The Qing Government’s Jurisdiction For Outsiders In China Before The Opium War(1796—1840)

Technically jurisdiction is a government’s own sovereignty, but the Qing government’s jurisdiction has always been debated endlessly, the foreign invaders hyped the Qing government has surrendered its Jurisdiction for foreigners in order to mask its aggression essence. This article will take The Qing Government’s jurisdiction for Outsiders In China Before The Opium War (1796-1840) as the research object, through the Jurisprudence foundation,the judicial idea,the Judicial Practice and so on, to argues that although the Qing government abstain some jurisdiction, but still insist ejudicial sovereignty,and for this make an Objective And Logical analysis.In the Qing government’s Jurisprudence, no matter from the criminal or civil, before the Opium War, there are many strict rules about jurisdiction for foreigners in China.In the judicial idea, because of its self-important and Cherishing Men,the Qing government "outside the law shows mercy" and abstain some jurisdiction in that period,but it was just appeasement and according to nationality customs.and outsiders had coveted Chinese judicial sovereignty for a long time. In judicial practice, although it make strict rules about jurisdiction for foreigners in China before the Opium War, the government abstain some jurisdiction in practical course, but it had the reasons for this,it is not the Qing government had given up the jurisdiction for outsiders.In general.before the Opium War, although there are some inconsistencies between the law and practice, we can’t say Qing government had given up the jurisdiction for outsiders in that period. In fact, the Qing government insist judicial sovereignty, the jurisdiction it abstained is just an episode which the inner and exterior factors made.