The Revolutionary Group’s Treaty Views During XinHai Period

Xinhai period was a treaty relationship period of rapid development, many significant changes in this period as a social existence profoundly reflected in the revolutionary ideology, became the objective basis of their treaty views. At the same time, the rapid spread of the western international law and the development of the treaty research provided important theoretical tools and knowledge reference for the revolutionary treaty view. The flourishing of democratic revolution thought led revolutionary concept of the treaty marked a significant political views mark.Compared with the previous period intellectuals, revolutionary concept of international law changed a lot and made progress in many areas, their also have a more in-depth and objective understanding on treaties. Because the ability to accurately understand the principle of sovereign equality, some of the revolutionaries begun to use the "unequal treaties" or similar words and analysis the inequality of international law and foreign treaties. At the same time, they were deeply aware of the essence and harm of unequal treaties privilege and made a lot of revelations.On this basis, the revolutionaries expressed the desire to abolish the unequal treaties, and proposed some solutions. However, it was difficult to achieve the abolition of these treaties under the historical conditions. Face practical difficulties, the revolutionaries were directed against the Qing government, proposed the idea of against the Qing government first. However, at the time, revolutionaries still have to consider how to deal with the reality of the treaty. Eventually, revolutionaries took two measures:on the one hand they acknowledge the effectiveness of the old treaty; on the other hand they advocated resisting usurpation of powers by civilized way. The League’s guidelines of recognize the unequal treaties criticized by many people in the past. In fact, this policy is the product of many factors working together that we should not simply deny. In addition to affect by the claim of against the Qing dynasty, it also closely related to the consideration of powers’ sympathetic and the consciousness of abide by international regulations and the pursuit of the ideal of civilized nations.As a group of intellectuals in the same historical period, constitutionalists and revolutionaries’ political ideas can be described as different, but there are lots of similarities between their treaty views because many of them had similar learning and life experiences, with a strong sense of mission of salvation, and were affected by the same system of knowledge of international law. In fact, all of their differences were rooted in their political views. On revolutionary interior, since the common political goals, they have a lot of ideas treaty convergence place. But the revolutionary was one group which was large, complex and loose, so the internal differences of revolutionaries’ treaty concept also inevitable.Although the revolutionary treaty concept included some obvious shortcomings, it reflected a new understanding height of treaty and a new attempt against the unequal treaties in late Qing Dynasty; promoted China abolish the treaty in the future and it’s civilized process of moving towards the modern international community. Examine the revolutionary concept of treaty of gain and loss, can also provide beneficial historical enlightenment for our today’s international communication.