Analyze The Territorial Dispute Between China And India From The Perspective Of International Law And China's Countermeasures

China and India,as two ancient countries with traditional civilizations,have never had a territorial dispute in history because they do not share a border on each other.Since China and India have been truly linked by mountains and rivers,a traditional and customary boundary line has been formed in the long course of history between China and India according to the jurisdiction and scope.The strategic position of China's Tibet region is very critical,in order to invade China's Tibet region and then use it as a springboard to invade the whole of China to seek greater interests.Britain illegally concocted a series of farce such as the McMahon line at the Simla conference.Although the Chinese government has never recognized it.India,after its independence,inherited the British "indiacentric doctrine" and always coveted the territory south of the "McMahon line" and north of the traditional common line.In the end,when the new China was just founded,India sent troops to occupy the south gate,luobi and xiacha areas of China.The Chinese government hoped with the utmost sincerity that the two sides could resolve the issue peacefully through negotiations.But India pushed its hand even further,treating China's restraint as weakness and actively pursuing the "forward policy".The Chinese army was forced to defend itself and the world-shocked border conflict broke out.After the end of the conflict,the two countries lived in peace for a long time.However,in recent years,India has been stirring up trouble in China's border areas while strengthening its DE facto possession of south Tibet,continuously strengthening infrastructure construction,large-scale migration and promoting indianization education.While India has been winning international sympathy for its victims in the international arena,it has been creating a"tent standoff" and challenging China's bottom line in the wake of the donggang incident,in an attempt to exert pressure on China and force it to recognize the"McMahon line".Therefore,the next key step is to discuss the legitimacy of the McMahon line.If the Simla treaty that produced the line can be proved to be illegal.the validity of the line can be fundamentally negated,thus negating India's claim and putting it in a favorable position in future negotiations.For a long time,China has always attached more importance to the political method than the legal method in solving the territorial dispute between China and India.China has always advocated the peaceful settlement of the territorial dispute between the two countries through negotiation and consultation in the political method,while the mediating,mediating and investigating methods in the legal method and the political method have not attracted enough attention in China.Despite the establishment of various negotiation mechanisms between the two countries,the negotiation process has been slow and the results have not been significant.With the increasing number of cases and the increasingly mature models of international judicial bodies in settling territorial disputes,China should also change its preconceptions,actively participate in the trial procedures of the international court of justice and promote the reform of the international court of justice.To demonstrate China's sovereignty over the disputed areas between China and India,apart from the relevant historical material evidence and documentary evidence,what is more crucial is the legal basis and factual evidence.When the time is ripe,we may consider using legal tools to safeguard China's territorial integrity and national interests.That is to say,we should not give up eating for fear of choking.If we can put more power in international law,international judicial cases,clarify the international judicial institutions for determining territorial sovereignty of reasoning model,through the specific case of international judicial institutions established must abide by the"treaty"," estoppel" occupy "the basic principles such as study,and applied to the practical problems of sino-indian dispute,their rights of legitimacy in legal way,dismissed the Indian unreasonable demands,also can make our country in the border talks,to force each other to face up to history,in the negotiations for the Chinese solution,the sino-indian territorial disputes settlement at an early date.At the same time,with the increase of China's national strength,on the one hand,we need to eliminate the prejudice against other political solutions such as mediation and mediation,and give full play to the role of regional organizations and the "One Belt and One Road" mechanism in resolving international disputes.On the other hand,we must pursue a two-pronged approach.While basing ourselves on negotiations,we must strengthen our actual control and military presence in the disputed areas and better safeguard China's territorial sovereignty and national interests.