Abstract
China was a secluded and conservative agricultural society with the domination of natural economy. The connection between China and the world was also cut off deliberately by the autocratic government so that for a very long time there had lacked a mutual understanding between China and the world. Up to the sixteenth century, a group of western missionaries, represented by Matteo Ricci (1552–1610), came to China. Apart from preaching, they also had spread the western scientific technology and knowledge of the humanities by translating books and works in their spare time, which had enlightened the Chinese people on modern natural science, such as mathematics, physics, geography, astronomy, and weapon-manufacturing, and which had also helped China to have a primary understanding of Europe as well as the world. Subsequently, in the intellectual circles, there appeared many thinkers who were primarily influenced by the west, like Xu Qiguang, Li Zhizao, Wang Hui, Huang Zongxi, Fan Yizhi and Liu Xianting.
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- 1.
Zhong Shuhe, Zou Xiang Shi Jie (Marching towards the World), Zhonghua Book Company, 1985, p. 46.
- 2.
Yang Xifu, “Chen Ming Mi Gui Zhi You Shu” (The Reasons for Chen Ming’s Expensive Rice) in Huang Chao Jing Shi Wen Bian (A Collection of Documents about Politics, Diplomacy, Economy, and Society in Qing Dynasty), edited by He Changling, Vol. 39. Taipei: Wenhai Publishing House, 1972, p. 1398.
- 3.
Zhao Lian, Xiao Ting Xu Lu (Sequal to the Record of Xiao Ting), Vol. 1.
- 4.
Ma Guohan, Ge Ge Ru Yi (Everyone is Lucky) (Book 2).
- 5.
“Ming Liang Lun Er” (The Theory of Ming Liang: Part 2) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen) (Book 1), Zhonghua Book Company, 1959.
- 6.
“Huang Ying Shu Zhai Hong Lu Shu” (A Letter to Huang Yingshu, the Official in Charge of Ceremonies) in Zhang Heng Fu Quan Ji (The Complete Works of Zhang Hengfu).
- 7.
Lin Zexu, “The monetary mattes are not so important and the opium-smoking should be strictly prohibited to eliminate the source of opium” in Ya Pian Zhan Zheng (The Opium War), edited by “Zhong Guo Shi Xue Hui” (The Associations of Chinese History), Vol. 2, Shen Zhou Guo Guang Publishing House, 1954, p. 142.
- 8.
Jin Anqing, “Lin Wen Zhong Gong Zhuan” (The Biography of Lin Wen Zhong) in Xu Bei Zhuan Ji (Collections of Biographies from Daoguang to Guangxu in Qing Dynasty), Vol. 24.
- 9.
Wei Yuan, “Daoguang Yang Sou Zheng Fu Ji”(Records on How Emperor Daoguang Had Used Fought in Opium War with Foreign Ships) in Ya Pian Zhan Zheng (The Opium War), edited by “Zhong Guo Shi Xue Hui” (The Associations of Chinese History), Vol. 6, Shen Zhou Guo Guang Publishing House, 1954, p. 142.
- 10.
“Letters to Yao Chunmu and Wang Dongshou by Lin Zexu in Lanzhou on the Way to Garrison Yili” in Ya Pian Zhan Zheng (The Opium War), edited by “Zhong Guo Shi Xue Hui” (The Associations of Chinese History), Vol. 2, Shen Zhou Guo Guang Publishing House, 1954, p. 567.
- 11.
Yu Zong Jie Gong Yi Shu (The Posthumous Papers of Yu Qian), Vol. 20.
- 12.
Ruth Hayhoe, Zhong Wai Bi Jiao Jiao Yu Shi (A Comparative History of Education between China and Foreign Countries), Shanghai People’s Publishing House, 1990, p. 65.
- 13.
Jonathan Spenser, Gai Bian Zhong Guo (To Change China), translated by Cao Dejun, SDX Joint Publishing House, 1990, p. 39.
- 14.
John King Fairbank, Jian Qiao Zhong Guo Wan Qing Shi (The Cambridge History of China: the Late Qing) (Book 1), Chinese Academy of Social Science Publishing House, 1985, p. 622.
- 15.
“Tong Wen Shu Hui Zhang Cheng” (The Regulation of ‘Tong Wen Shu Hui’) in Chu Ban Shi Liao (The Historical Materials Published), Vol. 2, 1988.
- 16.
“Preface to the Special Issue for the 50 th anniversary of “Guang Xue Hui”.
- 17.
Guan Xue Hui Nian Bao (Annals of “Guang Xue Hui”), 1889. The booklists were included in the appendix of Chu Ban Shi Liao (The Historical Materials Published), Vol. 2, 1988.
- 18.
Liang Qichao, “Xi Xue Shu Mu Lu” (A List of Books about Western Studies) in Wu Xu Bian Fa (Wu Xu Reform), edited by “Zhong Guo Shi Xue Hui” (The Associations of Chinese History), Vol. 1, Shanghai People’s Publishing House, 1957, pp. 452–455.
- 19.
Ruth Hayhoe, Zhong Wai Bi Jiao Jiao Yu Shi (A Comparative History of Education between China and Foreign Countries), Shanghai People’s Publishing House, 1990, p. 62.
- 20.
Jessie Gregory Lutz, Zhong Guo Jiao Hui Da Xue Shi (1850–1950) (China and the Christian Colleges, 1850–1950), translated by Zeng Jusheng, Zhejiang Education Publishing House, 1987, p. 39.
- 21.
Ibid.
- 22.
Hao Yanping, Zhong Guo Jin Dai Shang Ye Ge Ming (The Modern Commercial Revolution in China), translated by Chen Chao, Shanghai People’s Publishing House, 1991, p. 183.
- 23.
Hao Yanping, Shi Jiu Shi Ji De Zhong Guo Mai Ban: Dong Xi Jian De Qiao Liang (The Comprador in the Nineteenth-Century China: a Bridge between the East and the West), translated by Li Ronghcang. Shanghai Academy of Social Science Publishing House, 1988, p. 248.
- 24.
Li Hongzhang, “A Memorial to the Emperor about the Tentative Establishment of the Textile Bureau” in “Zou Gao” (The Memorials to the Emperor) in Li Wen Zhong Gong Quan Ji (The Complete Works of Mr. Li Wenzhong), Vol. 43, p. 44.
- 25.
“Hua Wai Ren Xiang Fan” (The Offense between Foreigners), the 48th Article in “Ming Li” (Statutes and Terms) in Tang Lv Shu Yi (The Comments on Tang Code), Zhonghua Book Company, 1983, p. 133.
- 26.
H. B. Morse, The Chronicles of Trading with China by the East India Company, translated by Qu Zonghua, Vol. 1. Sun Yat-sen University Publishing House, 1991, p. 83.
- 27.
Zhou Jinghai, Zhong Pu Wai Jiao Shi (The Diplomatic History between China and Portugal), The Commercial Press, 1991, p. 154.
- 28.
Shi Liao Xun Kan (Historical Records Published Every Ten Days), Vol. 12.
- 29.
Quoted from H. B. Morse’s The Chronicles of Trading with China by the East India Company, translated by Qu Zonghua, Vol. 2, Zhongshan University Publishing House, 1991, p. 427.
- 30.
R. Randle Edwards, “The Legal Jurisdiction of Foreigners in Qing Dynasty” in American Scholars’ Essays on China’s Legal Tradition, edited by Gao Daoyun et al., China University of Political Science and Law Press, 1994.
- 31.
“The 40th Documents of the First Session of the 26th Congress”, quoted from Mei Guo Zai Hua Ling Shi Cai Pan Quan Bai Nian Shi (The Hundred-Year History of the Consular Jurisdiction of the United States in China) by Wu Mengxue, p. 38.
- 32.
H. B. Morse, Chronicles of the East India Company to China (Oxford), quoted from The American Scholars’ Essays on the China’s Legal Tradition by Gao Daoyun, China University of Political Science and Law Press, 1994, p. 450.
- 33.
Lin Zexu, “A Memorial to the Emperor about British Pontoons Handing over Opium” in Chou Ban Yi Wu Shi Mo (The Beginning and End of Making Preparations for “Yi Wu” or The Foreign Affairs) (The Reign of the Emperor of Daoguang), Vol. 1. Zhonghua Book Company, 1964, p. 155.
- 34.
Lin Zexu et al., “A Memorial to the Emperor about the Denouncation of English King” in Ya Pian Zhan Zheng (The Opium War), edited by “Zhong Guo Shi Xue Hui” (The Associations of Chinese History), Vol. 2, Shen Zhou Guo Guang Publishing House, 1954, p. 171.
- 35.
Ibid.
- 36.
Quoted from Qiang Lei: Lun Qing Dai She Wai An Jian De Si Fa Guan Li (On the Legal Jurisdiction of the Cases Involved Foreigners in Qing Dynasty), Liaoning University Publishing House, 1991, p. 184.
- 37.
Shen Jiaben, “A Memorial to the Emperor about Abolishing Severe Punishments in Law” in “Ji Yi Wen Cun” (The Classics of Ji Yi) in Li Dai Xing Fa Kao (A Textual Research of the Criminal Laws in the Past Dynasties), Vol. 1, Zhong Hua Book Company, 1985, p. 2023.
- 38.
Wang Tieya, “Zhong Guo Yu Guo Ji Fa” (China and International Law: History and Reality) in Wang Tie Ya Wen Xuan (The Selected Works of Wang Tieya), edited by Deng Zhenglai, China University of Political Science and Law Press, 1993, p. 295.
- 39.
Wei Yuan, “Vattel’s Law of Nations” in “Hai Guo Tu Zhi” (World Geography Records) in Wei Yuan Quan Ji (The Complete Works of Wei Yuan),Vol. 83, Yuelu Publishing House, 2004, p. 1979.
- 40.
Wang Weijian, “An Examination of the Western Works on International Law Translated by Lin Zexu”, Journal of Zhongshan University, Vol. 1, 1985.
- 41.
Wang Tieya, Zhong Wai Jiu Yue Zhang Hui Bian (A Collection of the Old Agreements between China and Foreign Countries), Vol. 1, SDX Joint Publishing House, 1957, p. 32.
- 42.
The Archives of American and China Diplomacy in 1901, edited by the History Institute of Tianjin Academy of Social Science, Qilu Publishing House, 1984, p. 5.
- 43.
Chou Ban Yi Wu Shi Mo (The Beginning and End of Making Preparations for “Yi Wu” or The Foreign Affairs) (The Reign of Emperor Xianfeng), Vol. 72, Zhonghua Book Company, 1979, p. 2692.
- 44.
Xian Feng Chao Chou Ban Yi Wu Shi Mo Bu Yi (Addenda to Chou Ban Yi Wu Shi Mo in the Reign of Emperor Xianfeng), Vol. 4 (Book 1), edited by the School of History in Tsinghai University, p. 680.
- 45.
A Report of William W. Rockhill—the American Special Envoy to China, edited by the History Institute of Tianjin Academy of Social Science, pp. 5–6.
- 46.
Qing Ji Zhong Wai Shi Ling Shi Biao (A List of the Consul Affairs between China and the Foreign Countries in the Late Qing Dynasty), edited by Ming and Qing Archives Department of Palace Museum, Zhonghua Book Company, 1985, p. 3, 73.
- 47.
“Fu Guan Zhi” (The Recovery of the Bureaucratic Establishment) in “Guan Zhi Yi” (On the State Official System, Part 1), the 2nd category in Da Qing Guang Xu Xin Fa Ling (The New Laws of Guangxu Emperor of Great Qing), pp. 18–19.
- 48.
Xue Fucheng, Yong An Quan Ji (The Complete Works of Xue Fucheng).
- 49.
William M. P. Martin, A Cycle of Cathay or China, South and North, with Personal Reminiscences, Guangxi Normal University, 2004, p. 159.
- 50.
Ibid.
- 51.
Liang Qichao, “Xi Xue Shu Mu Lu” (A List of Books about Western Studies) in Wu Xu Bian Fa (Wu Xu Reform), edited by “Zhong Guo Shi Xue Hui” (The Associations of Chinese History), Vol. 1.
- 52.
Yun Ling, “The Introduction and Influence of the Western Laws and Jurisprudence in the Late Qing Dynasty” in Fa Lv Shi Lun Cong (Studies on Legal History, Vol. 3, China Legal Publishing House, 1983.
- 53.
Tian Tao and Li Zhuhuan, “The Introduction and Historical Role of Law in Late Qing Dynasty” in “The History of Legal System” in Fa Xue Lun Wen Ji (The Collected Papers of Law), edited by China University of Political Science and Law Press, 1990, Vol. 3; and Li Guilian, “The Reform of China’s Modern Law and the Influence of Japan” in Bi Jiao Fa Yan Jiu (Journal of Comparative Law), Vol. 1, 1994.
- 54.
Xiong Yuezhi, “A Brief Introduction of the History of the Translation Office of Jiang Nan Manufacturing Bureau” in Chu Ban Shi Liao (The Historical Materials Published), Vol. 1, 1989.
- 55.
Shu Xincheng, Zhong Guo Jin Dai Jiao Yue Shi Liao (The Historical Materials of Modern Education in China) (Book 1), People’s Education Press, 1981.
- 56.
Cyril Edwin Black, The Modernization of Japan and Russia: A Comparative Study, translated by Zhou Shiming. The Commercial Press, 1992, p. 177.
- 57.
Charles de Montesquieu, Fa Yi (The Spirit of the Laws) (Book 1), The Commercial Press, 1961, p. 140.
- 58.
Fei Chengkang, Zhong Guo Zu Jie Shi (The History of Concessions in China), Shanghai Academy of Social Science, 1991, p. 147.
- 59.
Westel W. Willoughby, Wai Guo Ren Zai Hua Te Quan He Li Yi (The Privileges and Interests of Foreigners in China), SDX Joint Publishing House, 1957, p. 341.
- 60.
Karl Marx, “The Future Results of British Rule in India” in Ma Ke Si En Ke Si Xuan Ji (The Selected Works of Marx and Engels), Vol. 1, The People’s Publishing House, 1995, p. 768.
- 61.
Yi Gongzhen, Zhong Guo Bao Xue Shi (The History of Journalism in China), China Xin Wen Publishing House, 1988, p. 55.
- 62.
“Wu Shi Yu Ji” (The Postscript of Military and War Affairs) in Sheng Wu Ji (Wei Yuan’s Essays on the Military Affairs during the Reign of Emperor Daoguang), Zhonghua Book Company, 1984.
- 63.
Liang Yannan, Hai Guo Si Shuo (The Four Descriptions of Foreign Countries), Zhonghua Book Company, 1993, p. 50, 72, 78, 79.
- 64.
Fred W. Drake, China Charts the World: Hsu Chi-yu and his Geography of 1848, translated by Ren Fuguang Wenchi Publishing House, 1990, p. 57.
- 65.
New York Times, March 29, 1868.
- 66.
The above is quoted from Ying Huan Zhi Lue (World Geography) by Xu Jiyu, Vol. 9.
- 67.
Xu Jiyu, Ying Huan Zhi Lue (World Geography), Vol. 7.
- 68.
“Xiang Xue Bao” (Hunan Academic Journal), April, 22, 1897.
- 69.
Xiong Yuezhi, Xi Xue Dong Jian Yu Wan Qing She Hui (The Introduction of Western Learning to the East and the Society in the late Qing Dynasty), Shanghai People’s Publishing House, 1994, p. 517.
- 70.
Liang Qichao, “Du Xi Xue Shu Fa” (On the Method of Reading Western Books) in Wu Xu Bian Fa (Wu Xu Reform), Vol. 1.
- 71.
Xiong Yuezhi, “A Brief Introduction of the History of the Translation Office of Jiang Nan Manufacturing Bureau” in Chu Ban Shi Liao (The Historical Materials Published), Vol. 1, 1989.
- 72.
Jonathan Spenser, Gai Bian Zhong Guo (To Change China), SDX Joint Publishing House, 1990, p. 154.
- 73.
Zhang Zhongli (edited), Jin Dai Shanghai Cheng Shi Yan Jiu (Urban Studies of Modern Shanghai), Shanghai People’s Publishing House, 1990, pp. 930–931.
- 74.
Le Zheng, Jin Dai Shanghai Ren She Hui Xin Tai (1862–1910) (The Social Mentality of the People in Modern Shanghai: 1862–1910), Shanghai People’s Publishing House, 1991, p. 180.
- 75.
Tan Sitong, “Ren Xue” (The Doctrine of Benevolence) in Tan Si Tong Quan Ji (The Complete Works of Tan Sitong), revised and enlarged version (Book 2), Zhonghua Book Company, 1981, p. 367.
- 76.
The following are quoted from “Japan’s Influence on the Outline of Constitution by Imperial Order in Qing Court” by Chen Fengxiang, the unpublished Master thesis of the Institute of Historical Research in Taiwan Normal University, p. 36.
- 77.
Wang Jiarong, A Constructer in the Era of Great Change: the Biography of Zhang Yuanji, Sichuan People’s Publishing House, 1985, p. 55.
- 78.
“The Emperor’s Decree for Establishing ‘Kao Cha Zheng Zhi Guan’ (The Political Investigation Bureau) to have a Study of the Politics and Laws of other Countries and Present them in Books” (the duplicated files of “Jun Ji Chu” (the grand council) in the First Historical Archive of China.
- 79.
Yi Kuang et al., “A Memorial to the Emperor about Drafting the Rules for ‘Xian Zheng Bian Cha Guan’ (The Constitutional Compilation Bureau), in Qing Mo Chou Bei Li Xian Dang An Shi Liao (The Historical Files for the Preparation of the Constitutionalism during the Late Qing Dynasty) (Book 1), edited by Ming and Qing Archives Department of Palace Museum (Book 2), Zhonghua Book Company, 1979, p. 50.
- 80.
Da Qing Guang Xu Xin Fa Ling (The New Laws of Guangxu Emperor of Great Qing), Vol. 1, p. 7.
- 81.
Shen Jiaben, “A Memorial to the Emperor about the Joint Conducting of Legal Revision and Inquisition by Da Li Yuan (the Supreme Court) and Judicial Department”, in Qing Mo Chou Bei Li Xian Dang An Shi Liao (The Historical Files for the Preparation of Constitutionalism during Late Qing Dynasty) (Book 2), edited by Ming and Qing Archives Department of Palace Museum, Zhonghua Book Company, 1979, p. 838.
- 82.
“Dian Xing” (Executing Punishments) in Qing Chao Tong Dian (The General Codes of Qing Dynasty), Taipei: Xinxing Publishing House, 1965.
- 83.
“Guan Jin” (The Strategic Passes) in “Bing Lv” (Military Law) in Da Qing Lv Li (The Laws and Precedents of Great Qing), Vol. 20.
- 84.
Wang Tao, “Letters to Hermit Zhou Taofu” in Tao Yuan Chi Du (Wang Tao’s Essays), Zhonghua Book Company, 1959, p. 30.
- 85.
Wang Tao, “Pian Ming” (Titles of the Essays) in Tao Yuan Wen Lu (Collected Essays of Wang Tao).
- 86.
Ding Wenjiang, Liang Ren Gong Xian Sheng Nian Pu Chang Pian Chu Gao (The First Draft of Liang Rengong’s Chronicles), Shanghai People’s Publishing House, 1983.
- 87.
Ding Xianjun and Yu Zuofeng (edited), Wu Ting Fang Ji (Collections of Wu Tingfang), Zhonghua Book Company, 1993.
- 88.
Saneto Keishu, The History of Studying in Japan by Chinese, translated by Tan Rujian, SDX Joint Publishing Company, 1983, p. 451.
- 89.
Huang Fuqing, Qing Mo Liu Ri Xue Sheng (Chinese Students in Japan in Late Qing Dynasty), Taipei: Academia Sinica, annexed table, p. 74, 1975.
- 90.
Li Xixin, Jin Dai Zhong Guo Liu Ri Xue Sheng (Students Studying in Japan in Modern China), The People’s Publishing House, 1987.
- 91.
Yi Shu Hui Bian (Collections of Translations), the first issue, on December 6, 1900.
- 92.
Ibid., the 7th issue, on July 30, 1901.
- 93.
Liang Qichao, Yin Bing Shi He Ji (The Complete Works of Yin Bing Shi) (Book 1), p. 794.
- 94.
Zhi Gang, Chu Shi Tai Xi Ji (Records of Diplomatic Missions abroad), Yuelu Publishing House, 1985, p. 365.
- 95.
Liu Zhen (edited), “Liu Xue Jiao Yue” (Education for Studying abroad) in Zhong Guo Liu Xue Jiao Yue Shi Liao (The Historical Documents of China’s Education for Studying abroad), Vol. 1. Taipei: The Institute of Compilation and Translation, 1980, p. 291.
- 96.
Guo Songtao, Lun Dun Yu Ba Li Ri Ji (Diaries in London and Paris), Yuelu Publishing House, 1984.
- 97.
Guo Songtao, “A Memorial to the Emperor about the Serious Case of Cen Shuying’s Unreasonable Killing of English officials” in Guo Song Tao Zou Gao (Guo Songtao’s Memorials to the Emperor), Yuelu Publishing House, 1983, p. 348.
- 98.
Guo Songtao, Lun Dun Yu Ba Li Ri Ji (Diaries in London and Paris), Yuelu Publishing House, 1984.
- 99.
Liang Qichao, “An Introduction of the Theory of Evolution in China in Recent Fifty Years”, Yin Bing Shi He Ji (The Complete Works of Yin Bing Shi) (Book 1), Vol. 39, Zhonghua Book Company, 1989, p. 43.
- 100.
Huang Zunxian, “Ji Shi” (Records) in Ren Jing Lu Shi Cao Ji Zhu (The Comments on Ren Jing Lu Shi Cao), annotated by Qian Zhonglian, Shanghai Ancient Books Publishing House, 1981, pp. 376–377.
- 101.
Wu Tianren, Huang Gong Du Xian Sheng Zhuan Gao (The Biography of Huang Zunxian), The Chinese University Press, 1972, p. 377.
- 102.
Dai Hongci, Chu Shi Jiu Guo Ri Ji (Diaries about the Diplomatic Missions to the Nine Countries), Yuelu Publishing House, 1986.
- 103.
Duan Zhong Min Gong Zou Gao (Duan Zhongmin’s Memorials to the Emperor), Vol. 6.
- 104.
Zaize, Kao Cha Zheng Zhi Ri Ji (Diaries about Political Inspection), Yuelu Publishing House, 1986.
- 105.
Zaize et al., “A Memorial to the Emperor about the General Situation of Investigation in Japan and the Date of Departure for England”, in Qing Mo Chou Bei Li Xian Dang An Shi Liao (The Historical Files for the Preparation of Constitutionalism during Late Qing Dynasty) (Book 1), Zhonghua Book Company, 1979, p. 6.
- 106.
Zaize et al., A Memorial to the Emperor about the General Situation of the Investigation in England and the Date of Departure for France, in Qing Mo Chou Bei Li Xian Dang An Shi Liao (The Historical Files for the Preparation of Constitutionalism during Late Qing Dynasty) (Book 1), Zhonghua Book Company, 1979, p. 10.
- 107.
Duan Zhong Min Gong Zou Gao (Duan Zhongmin’s Memorials to the Emperor), Vol. 6.
- 108.
Duan Fang, “A Memorial to the Emperor about the Situation of Investigation in Germany” in Duan Zhong Min Gong Zou Gao (Duan Zhongmin’s Memorials to the Emperor).
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Zhang, J. (2014). The Introduction of Western Legal Culture. In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_16
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