国际法视角下中法马江海战起因探究

An Analysis on the Cause of the Sino-French Majiang River Naval Battle from the Perspective of International Law

根据《中法简明条款》法文本,北圻的清军在最终条约缔结之前屯扎原驻地待命是守约、合法的;法军在最终条约缔结之前,前去攻占清军原驻地谅山是违约、非法的。但茹费理政府为了占越南为殖民地的目的,谙法玩法,并加武力威胁,逼迫清政府承认背约。软弱、昧法的清政府未能在外交上戳穿对方的谙法玩法,步步退让,但坚持"中国既未违约,实不能认此无名之费"的底线。茹费理政府继续恃强玩法,以"报复"为遮羞,发动了中法马江海战。

According to the Brief Sino-French Agreement, before the signing of the final agreement, the army of Qing Dynasty Beibu has been the observant and legal party, remaining in the original installation, while the French army has been the breach, illegal party, taking over Liangshan, the installation of Qing＇s army, by violence. But, in order to colonize Vietnam, the Napoleon Government, well knowing but ignoring the Agreement, forces, with threaten of war, the Qing government to admit liability and compensate the loss. The crippled, ignorant Qing government has not been able to see through the tricks of the French government and has been yielding all the while in the negotiation, though insisting on the bottom line that China is not liable for the loss since she is not the breach party. Despite that, the Napoleon government goes on showing her force, and finally stages the Naval Battle in the name of revenge.