论古代中国国际法的滥觞
发布时间：2018-08-02 12:41
【摘要】：以往学者们对于古代中国是否存在国际法的研究一般都是针对春秋战国时期,缘于这个时期的外交关系确实与近代国际法相比较有着许多的相似之处。直到孙玉荣博士发表了《古代中国国际法研究》一书,该书认为古代中国国际法存在于古代中国各个分立时期。至此,学界对于古代中国是否存在国际法这个问题大概分成了三种不同的观点。第一种,不认为古代中国存在国际法;第二种,认为古代中国只有春秋战国时期存在国际法;第三种,认为古代中国各个分立时期均存在国际法。而笔者认为,古代中国国际法起源于宋辽时期,并且以澶渊之盟的签订为标志。要论述这个观点,必须要求本文站在一个特殊的角度来分析,这便是中国和民族国家的角度。站在中国的角度能够使我们明白古代中国国际法并不是古代中国分立时期各个组成部分之间的国际法遗迹,我们必须将中国看成是一个整体,以中国为主体来论述中国与外国之间的国际法。而站在民族国家的角度则能够使我们明白在不同的时期中国对待周边世界的态度是不同的,只有当民族意识逐渐的累积,中国才能真正感受到自身在世界中所处的位置,而不是肆意想象的“无边的天下”,只有在这种对等的条件下,才能够产生真正的古代中国国际法。本文在定义了民族国家和古代中国范围的基础上通过正反两面的论述,站在民族国家和中国的整体性上来证明古代中国国际法起源于宋辽时期,并且笔者还针对本文所提出的观点,从发展的马克思列宁主义以及历史唯物主义的高度来对古代中国的民族问题进行说明。本文将宋辽之间的各种盟约、外交关系看成是古代中国国际法的起源并不是要将中国的完整性和统一性分裂开来,笔者只是站在历史唯物的角度实事求是的发现问题、解决问题。
[Abstract]:In the past, scholars' researches on the existence of international law in ancient China generally focused on the period of the Spring and Autumn period and the warring States period, because of the fact that the diplomatic relations in this period were much similar to those of modern international law. It was not until Dr. Sun Yurong published the study of Ancient Chinese International Law that ancient Chinese international law existed in different periods of ancient China. Thus, there are three different views on the existence of international law in ancient China. The first is that international law does not exist in ancient China; the second is that there was international law in ancient China only during the Spring and Autumn and warring States periods; and the third was that international law existed in all the separate periods of ancient China. The author believes that ancient Chinese international law originated in the Song and Liao dynasties and marked by the signing of Chanyuan League. In order to discuss this viewpoint, we must analyze it from a special angle, that is, China and nation-state. From China's point of view, we can understand that ancient Chinese international law is not a relic of international law between the various components of ancient China's separation period. We must regard China as a whole. Take China as the main body to discuss the international law between China and foreign countries. From the point of view of the nation-state, we can understand that China's attitude towards the surrounding world is different at different times. Only when the national consciousness gradually accumulates, can China really feel its position in the world. Only under this condition of reciprocity can real ancient Chinese international law come into being. Based on the definition of the national state and the scope of ancient China, this paper proves that the ancient Chinese international law originated in the Song and Liao dynasties through the discussion of both positive and negative aspects, standing on the integrity of the nation state and China. The author also explains the ethnic problems in ancient China from the perspective of Marxism-Leninism and historical materialism. In this paper, the author regards various covenants between Song and Liao dynasties and diplomatic relations as the origin of ancient Chinese international law, not to separate the integrity and unity of China, but to find the problem from the angle of historical materialism. Solve the problem
【学位授予单位】：湖南工业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D909
本文编号：2159470
[Abstract]:In the past, scholars' researches on the existence of international law in ancient China generally focused on the period of the Spring and Autumn period and the warring States period, because of the fact that the diplomatic relations in this period were much similar to those of modern international law. It was not until Dr. Sun Yurong published the study of Ancient Chinese International Law that ancient Chinese international law existed in different periods of ancient China. Thus, there are three different views on the existence of international law in ancient China. The first is that international law does not exist in ancient China; the second is that there was international law in ancient China only during the Spring and Autumn and warring States periods; and the third was that international law existed in all the separate periods of ancient China. The author believes that ancient Chinese international law originated in the Song and Liao dynasties and marked by the signing of Chanyuan League. In order to discuss this viewpoint, we must analyze it from a special angle, that is, China and nation-state. From China's point of view, we can understand that ancient Chinese international law is not a relic of international law between the various components of ancient China's separation period. We must regard China as a whole. Take China as the main body to discuss the international law between China and foreign countries. From the point of view of the nation-state, we can understand that China's attitude towards the surrounding world is different at different times. Only when the national consciousness gradually accumulates, can China really feel its position in the world. Only under this condition of reciprocity can real ancient Chinese international law come into being. Based on the definition of the national state and the scope of ancient China, this paper proves that the ancient Chinese international law originated in the Song and Liao dynasties through the discussion of both positive and negative aspects, standing on the integrity of the nation state and China. The author also explains the ethnic problems in ancient China from the perspective of Marxism-Leninism and historical materialism. In this paper, the author regards various covenants between Song and Liao dynasties and diplomatic relations as the origin of ancient Chinese international law, not to separate the integrity and unity of China, but to find the problem from the angle of historical materialism. Solve the problem
【学位授予单位】：湖南工业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D909
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