清末商約觀初探（1901-1911）
發(fā)布時間：2019-04-13 14:23
【摘要】：近代中國進(jìn)入了一個新的中外關(guān)系時代,以條約為紐帶,中外關(guān)系在趨向畸形中不斷發(fā)展。近代中外條約不僅包括具有強(qiáng)烈殖民色彩的政治條約,更囊括了具備深重侵略性質(zhì)的通商條約,甚至有時通商條約影響更為深遠(yuǎn)。 1840年鴉片戰(zhàn)爭以來,中國逐漸與西方列強(qiáng)簽訂了多個通商條約、條款。而伴隨條約關(guān)系的發(fā)展,商約關(guān)系經(jīng)歷了一個變化發(fā)展的過程,商約觀也逐漸得以形成和完善。晚清時期,清政府內(nèi)外人員對于商約的認(rèn)識一開始較為模糊,后逐漸開始清晰。直至清末十年間,隨著中外關(guān)系格局的新變化以及國際法、條約認(rèn)識等理論水平的大幅度提高,并以《辛丑條約》的簽訂為直接機(jī)緣,清末商約交涉廣泛展開。商約觀在實(shí)踐交涉中日益趨向成熟,基本形成一個較為系統(tǒng)、完整的體系,并具有十分豐富的內(nèi)涵。 19世紀(jì)末20世紀(jì)初,以不斷深化的條約認(rèn)識為基礎(chǔ),清末商約觀具有鮮明的時代性和獨(dú)特性。清末商約觀的基本內(nèi)容主要體現(xiàn)在對商約名稱、性質(zhì)、范圍等基本形態(tài)方面的認(rèn)識,以及對商約修訂方針策略和商約影響等方面的認(rèn)識。同時,以商約具體內(nèi)容為對象,對“裁厘加稅”、最惠國條款、內(nèi)河行船等相關(guān)問題的認(rèn)識就構(gòu)成了清末商約觀的核心內(nèi)容。其中以“裁厘加稅”為重,在不斷深化拓展傳統(tǒng)商約認(rèn)識的基礎(chǔ)上,也開始注意對商約新內(nèi)容的總結(jié),如礦務(wù)章程、公司合股和知識產(chǎn)權(quán)等問題。 晚清中外商約在不斷變化發(fā)展的過程中,又逐漸形成了其“靈活多變”的特點(diǎn)。它反映了具有近代性質(zhì)的對外觀念的發(fā)展,包括接受新的觀念；同時也揭示了列強(qiáng)的強(qiáng)權(quán)政治和中外條約的不平等性。特別是到清末時期,商約觀的內(nèi)涵全面拓展。由于受到階級歷史局限性等因素影響,清政府人員和非政府人員對商約的認(rèn)識又出現(xiàn)了某些異同,清末商約觀的這種官民對比也進(jìn)一步完善了商約觀的系統(tǒng)研究。
[Abstract]:Modern China has entered a new era of Sino-foreign relations. Modern Chinese and foreign treaties not only include political treaties with strong colonial characteristics, but also include trade treaties with deep aggressive nature, and sometimes trade treaties have a far-reaching impact. Since the Opium War of 1840, China has gradually signed a number of trade treaties and clauses with Western powers. Along with the development of treaty relationship, the commercial relationship has undergone a process of change and development, and the concept of commercial contract has been gradually formed and perfected. In the late Qing Dynasty, people inside and outside the Qing government had a vague understanding of the commercial contract at first, and then gradually began to understand clearly. Up to the end of the Qing Dynasty, with the new changes in the pattern of Sino-foreign relations and the great improvement of the theoretical level of international law and treaty understanding, and taking the signing of the Xinji Treaty as a direct opportunity, the negotiation of the Shang Treaty at the end of the Qing Dynasty was carried out widely. The concept of commercial contract tends to mature day by day in practice negotiation, which basically forms a more systematic and complete system, and has very rich connotation. From the end of the 19th century to the beginning of the 20th century, on the basis of the deepening understanding of the treaty, the concept of business contract in the late Qing Dynasty was of distinct epoch and uniqueness. The basic contents of the concept of commercial contract in the late Qing Dynasty are mainly reflected in the understanding of the name, nature, scope and other basic forms of the commercial treaty, as well as the understanding of the revised policy and strategy of the commercial treaty and the influence of the commercial treaty. At the same time, regarding the specific content of business agreement as the object, the understanding of the related issues such as "cut-and-increase tax", most-favoured-nation clause, inland river sailing and so on, constitute the core content of the concept of business agreement in the late Qing Dynasty. On the basis of deepening the understanding of traditional business contract, it also began to pay attention to the summary of new contents of commercial contract, such as mining articles, joint stock and intellectual property rights and so on. In the process of continuous change and development in late Qing Dynasty, the foreign trade contract gradually formed its "flexible and changeable" characteristics. It reflects the development of modern foreign ideas, including acceptance of new ideas, and reveals the power politics of the great powers and the unequal nature of treaties between China and foreign countries. Especially in the late Qing Dynasty, the connotation of the concept of commercial contract was expanded in an all-round way. Due to the limitation of class history, there were some similarities and differences between the Qing government and non-government personnel in the understanding of the commercial contract, and the comparison between the officials and the people in the late Qing Dynasty also further improved the systematic study of the commercial contract view.
【學(xué)位授予單位】：湖南師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：K257
本文編號：2457650
[Abstract]:Modern China has entered a new era of Sino-foreign relations. Modern Chinese and foreign treaties not only include political treaties with strong colonial characteristics, but also include trade treaties with deep aggressive nature, and sometimes trade treaties have a far-reaching impact. Since the Opium War of 1840, China has gradually signed a number of trade treaties and clauses with Western powers. Along with the development of treaty relationship, the commercial relationship has undergone a process of change and development, and the concept of commercial contract has been gradually formed and perfected. In the late Qing Dynasty, people inside and outside the Qing government had a vague understanding of the commercial contract at first, and then gradually began to understand clearly. Up to the end of the Qing Dynasty, with the new changes in the pattern of Sino-foreign relations and the great improvement of the theoretical level of international law and treaty understanding, and taking the signing of the Xinji Treaty as a direct opportunity, the negotiation of the Shang Treaty at the end of the Qing Dynasty was carried out widely. The concept of commercial contract tends to mature day by day in practice negotiation, which basically forms a more systematic and complete system, and has very rich connotation. From the end of the 19th century to the beginning of the 20th century, on the basis of the deepening understanding of the treaty, the concept of business contract in the late Qing Dynasty was of distinct epoch and uniqueness. The basic contents of the concept of commercial contract in the late Qing Dynasty are mainly reflected in the understanding of the name, nature, scope and other basic forms of the commercial treaty, as well as the understanding of the revised policy and strategy of the commercial treaty and the influence of the commercial treaty. At the same time, regarding the specific content of business agreement as the object, the understanding of the related issues such as "cut-and-increase tax", most-favoured-nation clause, inland river sailing and so on, constitute the core content of the concept of business agreement in the late Qing Dynasty. On the basis of deepening the understanding of traditional business contract, it also began to pay attention to the summary of new contents of commercial contract, such as mining articles, joint stock and intellectual property rights and so on. In the process of continuous change and development in late Qing Dynasty, the foreign trade contract gradually formed its "flexible and changeable" characteristics. It reflects the development of modern foreign ideas, including acceptance of new ideas, and reveals the power politics of the great powers and the unequal nature of treaties between China and foreign countries. Especially in the late Qing Dynasty, the connotation of the concept of commercial contract was expanded in an all-round way. Due to the limitation of class history, there were some similarities and differences between the Qing government and non-government personnel in the understanding of the commercial contract, and the comparison between the officials and the people in the late Qing Dynasty also further improved the systematic study of the commercial contract view.
【學(xué)位授予單位】：湖南師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：K257
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 朱小寶;晚清洋務(wù)派的條約觀初探[D];湖南師范大學(xué);2013年
，本文編號：2457650
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