Government in Republican ChinaLinebarger, Paul Myron Anthony
History
Government in Republican China
Linebarger, Paul Myron Anthony
China -- Politics and government -- 1912-1949
The pressure of the West compelled the Chinese government to define more
clearly than ever before its own boundaries, its relations with the
vassal states, and its lines of contact with the Chinese people. By the
Treaty of Nerchinsk, negotiated in 1689 with Russia, the Chinese tried
to demarcate their land frontier. The vassal nations presented a crucial
problem. The Chinese failed to make explicit their quasi suzerainty in
terms comprehensible to Western jurisprudence. At the same time they
followed a policy of brisk exaggeration of territorial rights
alternating with outright disclaimer of responsibility. The scope of
government itself was affected by new functions which arose with the
coming of the Westerners. The tax system was expanded. The development
of an imperial customs service with Western personnel and Western
methods of accounting provided the government with a source of large
revenue. The demands that Western states be given adequate consideration
in the transaction of business led to the establishment in 1860 of the
Foreign Office (_Tsung-li Yamên_), a new institution which modified the
traditional administrative pattern.
In addition, the Western states introduced their own type of government
into China through the demand that their citizens be subject only to the
law with which they were familiar at home. In dealing with Westerners
the Chinese had at first employed a code far more Draconic than the
provisions of Chinese penal practice. After many years of irritation the
Western powers, under the leadership of Great Britain, secured
extraterritorial privileges for their citizens. Extraterritoriality
placed Westerners in China solely under the jurisdiction of their
respective national representatives. If an American today were to shoot
down the Dalai Lama in Tibet, he could be tried legally only in the
United States Court in Shanghai--although it is improbable that the
Tibetans would insist upon juridical niceties. Apart from the guarantee
of personal immunity from Chinese law for their citizens, wherever they
might be in China, the Western powers, through a long series of special
arrangements and actual usage, obtained certain footholds on Chinese
soil where even Chinese were under Western rule. These areas were known
as _concessions_ and _settlements_, and the cities of their location as
the _treaty ports_. Both the presence of Westerners subject only to
Western law throughout the Empire, and of areas where Western governance
was paramount, taught the Chinese the lesson of strong government.
Public-domain text, read in full here on John Shaqi.
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