Research On The Law Culture Conflict Between China And The Western Countries In The Foreign Criminal Cases Of Guangzhou City In The Early Qing Dynasty

In 1757,the Qing Government ordered to open only GuangDong customs,leaving a foreign trade company in GuangZhou.Since then,a large number of western businessmen have flocked to Guangzhou,where most foreigners live.With the expansion of trade and the increasing number of foreigners,the exchanges and communication between China and foreign countries have also become more frequent.At the same time,there are also disputes,including criminal cases.According to the main body of the crime and the criminal object,criminal cases concerning foreign affairs mainly can be divided into foreigners crime to foreigners,Chinese of foreigners to Chinese and foreigner who commits a crime of the crime.According to the existing historical records,the Qing Government has had many conflicts with foreigners in dealing with different types of cases,especially foreigners’ crimes against Chinese people and foreigners.The happening of the conflict is by the comprehensive causes,and huge legal culture differences between Chinese and western is the key factor for it to happen,so the purpose of this paper is to study the early stage of the qing dynasty through criminal cases involving foreign elements,the analysis and comparison of Chinese and western legal cultural conflicts.Through carding of criminal cases involving foreign elements before the opium war,the collision between Chinese and western legal culture,mainly in power is greater than the law and law is greater than the power,the collective standard and individual standard,heavy entity light procedure and program,entity in three aspects.Power is greater than law and law is greater than power is the difference between China and the west in power and legal relations.In the traditional Chinese mode,power is above the law.The ruler is an autocrat,he has the legislative power,and the law is only the tool to maintain his despotism.In the early qing dynasty,under the rule of the emperor,the principle of dealing with foreigners’ killing of Chinese was established.According to this principle,foreigners should be deprived of the right of appeal and the right of fall trial according to law,while the conviction and sentencing should be applied to the exemption of negligence and justifiable defense.In addition,foreigners’ criminal cases against foreigners should be handled by the qing government in accordance with the principle of territorial jurisdiction.But it never had jurisdiction,and the emperor even made clear the principle of non-interference in the form of an order.While the west argues that law is greater than right,"under the law",the law should be punished according to law,and the law is supreme.Collective standard and individual standard are the conflict between Chinese and western standard.China’s collective standard with western personal standard have totally different origin and connotation of collective standard legal culture gave birth to the joint and several liability,it is suitable in the early stage of the qing dynasty international crimes meriting processing.Secondly,the group standard is also an obligatory standard in nature,and the rights of foreigners in China are very little,especially the right to freedom is strictly limited.In the west,personal responsibility and individual rights are advocated,which leads to the collision between the two.Heavy entity light procedure and entity,program is a conflict between Chinese and western on the litigation law,there are such differences to a certain extent,is due to different value orientation between the Chinese and foreign,namely the individual right and justice.Traditional China’s pursuit of non-litigation has led to the formation of light procedural tradition and limited the development of litigation law.The western pursuit of justice is that only the law is the only way to achieve justice,and the procedure and entity are placed in the same position,so the litigation law is fully developed.Therefore,westerners believe that cases must be tried by due process of law,and the parties shall enjoy the right of litigation granted by law.However,in the treatment of foreign criminal cases,many cases have not been punished by a fair procedure,and the defendant’s right of defense is absent.In addition,due to the lack of legal binding,judicial officials corruption corruption,especially in the foreigners of Chinese criminal case,a lot of foreigners have been blackmail,that is contrary to western procedural justice.