Law, Resources and Time-Space Constructing最新文献

筛选

英文中文

Re-examination of Abolishing Consular Jurisdiction as the Start of Law Modification in Late Qing 晚清改法的起点——取消领事管辖权再考察

Law, Resources and Time-Space Constructing Pub Date : 2015-07-10 DOI: 10.3868/S050-004-015-0018-0

Zhang Shiming

{"title":"Re-examination of Abolishing Consular Jurisdiction as the Start of Law Modification in Late Qing","authors":"Zhang Shiming","doi":"10.3868/S050-004-015-0018-0","DOIUrl":"https://doi.org/10.3868/S050-004-015-0018-0","url":null,"abstract":"In recent years, the proposition that the abolition of consular jurisdiction was the start of the late Qing legal reforms was challenged. According to the arguments of scholars engaged in subverting the traditional mainstream view, the “Mackay Treaty” was signed on September 5, 1902, but Empress Cixi issued the “Law Reform Decree” on her way back from Xi’an after the Gengzi Event, then the Qing government’s decision for law reform was not a consequence of Article 12 of the “Mackay Treaty.” This article argues that methodology of historical textual research requires a comprehensive view of the whence and whither. The traditional view that the abolition of consular jurisdiction served as an urgent cause for the modernization of Chinese law cannot be rejected imprudently by a superficial approach to pounce on one point and ignore all others; our vision should be broadened by taking the overall situation into consideration. Otherwise over-corrections will result in an incomplete view of the whole scenario. The relation between the law modifications in late Qing and the reclamation of consular jurisdiction is extremely intricate and complex. Previously this had to be discussed by Robert Hart and others in detail.","PeriodicalId":131105,"journal":{"name":"Law, Resources and Time-Space Constructing","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133790996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Painting and Photography in Foreigners’ Construction of an Image of Qing Dynasty Law 外国人构建清代法律形象的绘画与摄影

Law, Resources and Time-Space Constructing Pub Date : 1900-01-01 DOI: 10.1007/978-981-16-8055-7_6

Zhang Shiming

引用次数: 0

Between “Paper Law” and “Living Law”: Banfang in the Qing Dynasty 在“纸法”与“活法”之间:清代的板房

Law, Resources and Time-Space Constructing Pub Date : 1900-01-01 DOI: 10.1007/978-981-16-8055-7_2

Zhang Shiming

引用次数: 0