清末商约观初探（1901-1911）
发布时间：2019-04-13 14:23
【摘要】：近代中国进入了一个新的中外关系时代,以条约为纽带,中外关系在趋向畸形中不断发展。近代中外条约不仅包括具有强烈殖民色彩的政治条约,更囊括了具备深重侵略性质的通商条约,甚至有时通商条约影响更为深远。 1840年鸦片战争以来,中国逐渐与西方列强签订了多个通商条约、条款。而伴随条约关系的发展,商约关系经历了一个变化发展的过程,商约观也逐渐得以形成和完善。晚清时期,清政府内外人员对于商约的认识一开始较为模糊,后逐渐开始清晰。直至清末十年间,随着中外关系格局的新变化以及国际法、条约认识等理论水平的大幅度提高,并以《辛丑条约》的签订为直接机缘,清末商约交涉广泛展开。商约观在实践交涉中日益趋向成熟,基本形成一个较为系统、完整的体系,并具有十分丰富的内涵。 19世纪末20世纪初,以不断深化的条约认识为基础,清末商约观具有鲜明的时代性和独特性。清末商约观的基本内容主要体现在对商约名称、性质、范围等基本形态方面的认识,以及对商约修订方针策略和商约影响等方面的认识。同时,以商约具体内容为对象,对“裁厘加税”、最惠国条款、内河行船等相关问题的认识就构成了清末商约观的核心内容。其中以“裁厘加税”为重,在不断深化拓展传统商约认识的基础上,也开始注意对商约新内容的总结,如矿务章程、公司合股和知识产权等问题。 晚清中外商约在不断变化发展的过程中,又逐渐形成了其“灵活多变”的特点。它反映了具有近代性质的对外观念的发展,包括接受新的观念；同时也揭示了列强的强权政治和中外条约的不平等性。特别是到清末时期,商约观的内涵全面拓展。由于受到阶级历史局限性等因素影响,清政府人员和非政府人员对商约的认识又出现了某些异同,清末商约观的这种官民对比也进一步完善了商约观的系统研究。
[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.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：K257
本文编号：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.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：K257
【引证文献】
相关硕士学位论文 前1条
1 朱小宝;晚清洋务派的条约观初探[D];湖南师范大学;2013年
，本文编号：2457650
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