晚清领事保护的发展及其局限

对于领事保护的推动,就融合有政治与人权双重因素。当然,这一双重因素的影响又是随着历史的发展而有所不同的。尽管世界最早的领事保护实践可以追溯至古希腊城邦时期,而中国最早的领事保护实践却只能追溯至晚清时期。当时的清政府迫于内外压力,逐步转变对华侨的"叛民"、"罪民"和"弃民"等观念,从而展开了"立约保护"、"领事机关的调查与交涉"等形式(甚至还包括军舰巡航等军事方式)的领事保护。晚清政府领事保护的发展是与其华侨观念及政策的转变密切相关的。清政府华侨政策和领事保护的变化,根本上还是以巩固和发展清朝的统治为出发点的,政治因素在其中居于主导地位。这也就是"家国一体"型国家的局限性所在。

The Development and Limit of Consular Protection in Late Qing Dynasty

Promoting consular protection combines dual factors as politics and human rights, which have different effects with the development of history. Although the earliest practice of consular protection in the world can he dated back to the polis in ancient Greece, that in China can only be dated back to late Qing Dynasty. At that time Qing government gradually changed the attitudes as rebles, guilty people, abandoned people to overseas Chinese by the internal and external force, while had various forms of consular protection such as protection by setting up the agreement, the investigation and negotiation of consular, even including military forms as warship patrolling. The development of consular protection in late Qing Dynasty is closely connected with the change of its attitudes towards overseas Chinese and policies. The changes of overseas Chinese policies and consular protection of Qing Dynasty were originated from the consolidation and development of the governance of Qing Dynasty, among which political factor is dominated. This is the limitation of integration of family and nation.