德占胶澳租借地的法治考论（1897-1914）
发布时间：2018-08-07 19:23
【摘要】：19世纪末，德国加入了帝国主义瓜分世界的行列中，遗憾的是狂潮已落，只留余声。但是德国的迟到并不意味着它没有获得并管理殖民地的能力，德国人抓住殖民风潮的尾巴，好好地展示了一把自己的非凡能力。展示的舞台就是它动用武力在中国取得的租借地“胶澳”。 虽然条约形式上注明“胶澳”只是租与德国，清政府仍对它享有主权，但德国人却把它实实在在地看作了德国在海外的领土，对其倾注心血建设。经过十几年的时间，胶澳果然发生了翻天覆地的变化。最令人惊叹的变化在胶澳的主城区——青岛，从一个破落的小镇变成了名扬海外的美丽现代化城市。 然而这还不能完全表现出德国殖民者的能力，最能体现他们能力的是：通过德国当局的文化政策及胶澳总督府制定的法律规范，控制和影响了华人的部分思想。短短十几年，德国撤出胶澳后，他们制定的法律却没有随撤退而消亡。接手的日本人予以承认，收回主权的中国人也部分地使用了当年德国人专门为胶澳制定的法律规范，特别是社会公共管理方面的规范，一直到今天仍值得我们学习借鉴。德国把胶澳打造成了一个“模范殖民地”，向世界展示了他的管理能力，树立了榜样，为其他国家的殖民管理提供了一个“样板”，引起了其他国家的关注。 文章从“社会管理的法律调控”“文化政策”“影响因素”以及“治理效果”四个方面，对“模范殖民地”的法治问题进行思考，通过对这一问题的分析探索，使人更清晰的认识那段“法治”历史。 文章的第一部分首先简略交代德国是怎样取得胶澳的，他的目的，以及胶澳新城区——“青岛”的由来。文章第二至五部分是核心内容。第二部分展示德国为治理胶澳社会在城市建设、公共卫生、居民人身安全、环保及社会风气几个方面的立法。法律完备详细，可行性强，起到了“矫正”居民行为的作用。第三部分“社会治理的文化政策”介绍的是对居民思想的“矫正”。通过当局的某些做法，让华人从心理上接受、认可德国人的做法。第四部分探讨影响德国人实施上述两大类措施的因素，看清殖民者的心理。第五部分展现的是法律和文化两大类措施带来的效果。同样，这个效果不仅体现在胶澳外在环境的变化上，也体现在华人内心的改变上。这不能不引发我们的思考，，德国人真的是为华人谋福利吗？华人难道没有受到不公正的对待吗？在“模范”华丽的外衣下不存在问题吗？这就是在第五部分的后半部分我们所要探讨的。通过对上述问题的探讨，文章的最后做了一个小的结论，希望能有所启发。
[Abstract]:At the end of the 19th century, Germany joined the imperialists in dividing the world. Unfortunately, the tide had fallen, leaving only Yu Sheng. But Germany's lateness does not mean it does not have the ability to acquire and run a colony. The Germans hold on to the tail of the colonial storm and show off their extraordinary abilities. The stage on display is Jiao-ao, which it has obtained by force in China. Although the treaty states that "Jiao-ao" is only leased to Germany, the Qing government still has sovereignty over it, but the Germans actually regard it as Germany's overseas territory and devote all its efforts to building it. After more than ten years, Jiao-ao really took place earth-shaking changes. The most amazing change is in Qingdao, the main district of Jiao-ao, from a dilapidated town to a beautiful modern city famous overseas. However, this does not fully demonstrate the ability of the German colonists. What can best reflect their ability is that, through the cultural policies of the German authorities and the legal norms formulated by the Government House of Jiao-ao, part of the thinking of the Chinese has been controlled and influenced. After a decade or so of German withdrawal from Jiao-ao, their laws did not die out. The Japanese who took over acknowledged it, and the Chinese who took back their sovereignty also used in part the legal norms formulated by the Germans for Jiao-ao, especially in the area of social and public administration, which are still worthy of our learning and reference to this day. Germany made Jiao-ao into a "model colony", showed the world his management ability, set an example, provided a "model" for the colonial administration of other countries, and attracted the attention of other countries. From four aspects of "legal regulation and control of social management," cultural policy "and" influence factor "and" governance effect ", the article thinks about the rule of law in" model colony ", and probes into this problem through analysis and exploration. To give a clearer understanding of the history of the "rule of law". The first part of the article briefly explains how Germany got Jiao ao, its purpose and the origin of Qingdao. The second to fifth part of the article is the core content. The second part shows the German legislation on urban construction, public health, residents' personal safety, environmental protection and social ethos in order to control Jiao-ao society. Complete and detailed laws, strong feasibility, played the role of "correction" of residents' behavior. The third part, "the Cultural Policy of Social Governance", introduces the correction of residents'thoughts. Through certain practices of the authorities, the Chinese psychologically accept and recognize the German practice. The fourth part discusses the factors which influence the German to carry out the above two kinds of measures, see clearly the psychology of the colonists. The fifth part shows the effect of legal and cultural measures. Similarly, this effect is reflected not only in the change of the external environment of Jiao-ao, but also in the change of the Chinese heart. This can not help but arouse our thinking, the Germans are really for the welfare of the Chinese? Have the Chinese not been treated unjustly? Is there no problem under the gorgeous coat of "model"? This is what we are going to discuss in the second half of part five. Through the discussion of the above problems, a small conclusion is made at the end of the article, hoping to enlighten.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D909.516
本文编号：2171104
[Abstract]:At the end of the 19th century, Germany joined the imperialists in dividing the world. Unfortunately, the tide had fallen, leaving only Yu Sheng. But Germany's lateness does not mean it does not have the ability to acquire and run a colony. The Germans hold on to the tail of the colonial storm and show off their extraordinary abilities. The stage on display is Jiao-ao, which it has obtained by force in China. Although the treaty states that "Jiao-ao" is only leased to Germany, the Qing government still has sovereignty over it, but the Germans actually regard it as Germany's overseas territory and devote all its efforts to building it. After more than ten years, Jiao-ao really took place earth-shaking changes. The most amazing change is in Qingdao, the main district of Jiao-ao, from a dilapidated town to a beautiful modern city famous overseas. However, this does not fully demonstrate the ability of the German colonists. What can best reflect their ability is that, through the cultural policies of the German authorities and the legal norms formulated by the Government House of Jiao-ao, part of the thinking of the Chinese has been controlled and influenced. After a decade or so of German withdrawal from Jiao-ao, their laws did not die out. The Japanese who took over acknowledged it, and the Chinese who took back their sovereignty also used in part the legal norms formulated by the Germans for Jiao-ao, especially in the area of social and public administration, which are still worthy of our learning and reference to this day. Germany made Jiao-ao into a "model colony", showed the world his management ability, set an example, provided a "model" for the colonial administration of other countries, and attracted the attention of other countries. From four aspects of "legal regulation and control of social management," cultural policy "and" influence factor "and" governance effect ", the article thinks about the rule of law in" model colony ", and probes into this problem through analysis and exploration. To give a clearer understanding of the history of the "rule of law". The first part of the article briefly explains how Germany got Jiao ao, its purpose and the origin of Qingdao. The second to fifth part of the article is the core content. The second part shows the German legislation on urban construction, public health, residents' personal safety, environmental protection and social ethos in order to control Jiao-ao society. Complete and detailed laws, strong feasibility, played the role of "correction" of residents' behavior. The third part, "the Cultural Policy of Social Governance", introduces the correction of residents'thoughts. Through certain practices of the authorities, the Chinese psychologically accept and recognize the German practice. The fourth part discusses the factors which influence the German to carry out the above two kinds of measures, see clearly the psychology of the colonists. The fifth part shows the effect of legal and cultural measures. Similarly, this effect is reflected not only in the change of the external environment of Jiao-ao, but also in the change of the Chinese heart. This can not help but arouse our thinking, the Germans are really for the welfare of the Chinese? Have the Chinese not been treated unjustly? Is there no problem under the gorgeous coat of "model"? This is what we are going to discuss in the second half of part five. Through the discussion of the above problems, a small conclusion is made at the end of the article, hoping to enlighten.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D909.516
【参考文献】
相关期刊论文 前4条
1 王健;德国法在中国传播的一段逸史——从青岛特别高等专门学堂说到赫善心和晚清修律[J];比较法研究;2003年01期
2 杨发源;;1898—1914年间青岛的城市卫生事业[J];江西社会科学;2009年05期
3 田龄;姜朝晖;;德占青岛时期的植树造林活动[J];兰台世界;2006年16期
4 黄金斌;;管窥马丁·路德“两个国度”思想之主要内容及相互关系[J];天风;2007年13期
本文编号：2171104
本文链接：https://www.wllwen.com/guanlilunwen/gonggongguanlilunwen/2171104.html
