The Western Legal View Of Diplomats In The Late Qing Dynasty

From the second half of the 19 th century to the beginning of the 20 th century,China experienced the shock and awe brought by the modern western civilization after being forced to "open its eyes and see the world".While the cannon is direct and the first to bear the brunt,the far-reaching impact comes from the ideological and legal innovations that have spawned in the West.The first chapter of this paper mainly discusses in modern China,with the frequent exchanges and conflicts between China and foreign countries,after the "Yi Xia" civilization view was broken,after the knowledge of international law was imported into China,it faced the strange international order.Kuo Sung-tao and his entourage left for London,England,in Shanghai Important events This incident is the official language of modern china The symbol of "going to the World" for the first time on behalf of the country under the Environment?Kuo Sung-tao leaves his post After Tseng Chi-tse took overIt can be said that diplomats are most important status of Kuo and Tseng,and they also became the first representative of the understanding and application of international law in modern China.They actively studied international law,participated in the activities of the Society of International Law,applied international law in specific diplomatic events,and fought for the rights and interests of the State in the war without bloodshed.In the second chapter,Kuo and Tseng are discussed their views of Western law and politics.With the collation and publication of their anthologies and diaries,their thoughts,especially the foresight of Chinese and Western legal culture,have been paid more and more attention by the academic circles.If the understanding and invocation of the knowledge of international law derives from their positions as diplomats,then the understanding of the constitutional and judicial systems in the West is driven by its source of motivation.It is their identity as a scholar-bureaucrat educated by Confucian tradition,and the "colored glasses" brought by this identity and knowledge background to observe the western legal civilization.The third chapter of this paper focuses on comparing the differences between Kuo Sung-tao and Tseng Chi-tse on western legal thoughts.If Kuo is an idealist who calls for China to enforce the western law and enter the international family,Zeng is undoubtedly a pragmatist trying to use western legal rules to fight for the rights andinterests of the country.Even though they're all the earliest western culture introductors,the representative of western learning,but their differences,can also show the Westernization movement era of two different ideological context.In addition to the knowledge background and personal history,the reasons for the differences are also related to the contradictions within the mission.In the conclusion part,this article attempts to explain in theory,so it introduces the concept of "the other",expounds the phenomenon that the Chinese and Western legal tradition is the other in the history of modern Chinese-western legal exchange,and emphatically analyzes the establishment of Kuo Sungtao and others.The impression of the other in the western legal tradition plays an important role in the process of legal modernization.