近代中外关于开放内地杂居权与撤废领事裁判权之争

Debates on Opening to Mixed Inhabitation Rights and on Abolishment of Consular Jurisdiction in and out China in Modern Time

在近代正常的国际关系中,允许入境外国人在内地杂居是国际法的一项基本原则。但第一批不平等条约签订之初,清廷坚持议定口岸界址,以此防范外国人入内地杂居。此后,中外关于开放内地杂居权与撤废领事裁判权之争,迁延甚久。从争议过程来看,清廷以要求列强废弃领事裁判权自保,坚守不开放内地杂居权这一底线。由于事关双方所认知的权益底线,故而双方关于解决这一争议的种种外交策略,均愈来愈明显地带有了"手段"而非"目的"的意味,以致此事最终形成难解之"结"。

The permission to mixed inhabitation of foreigners was a basic principle of international law in the modem normal international relationship. But in the eadier period of the first unfair treaties signed, Government Qing insisted that the agreed ports were the places of inhabitation in order to prevent foreigners from living in the inland. Hence, the debates had been kept for a long time. In the debates, Government Qing required that the powers abolished the Consular Jurisdiction to protect the national power and insisted on the bottom line to refuse opening the mixed inhabitation rights. Because the rights were related to the bottom line of their recognized benefits, the various diplomatic measures to settle the debates had increasingly become obvious not ＂ends＂ but ＂ways＂. So the affalres had finally formed a knot hard to open.