试论外国军舰驻华特权制度的形成与发展——以顾盛使华为中心

On the formation and development of the foreign warships privilege system stationed in China

鸦片战争后签订的一系列不平等条约对军舰驻华特权制度给予了明确的规定。《虎门条约》是外国侵略者"合法"获取军舰驻华特权的开始。美、法等国通过《望厦条约》、《黄埔条约》使这一特权制度日趋完善。在攫取军舰驻泊权的过程中,美国人顾盛使外国军舰驻华特权条款扩展到几乎可以被人任意解释的地步,为日后列强军舰任意游弋中国内水埋下了祸根。通过第一批不平等条约,西方有约国家获得了军舰驻泊特权。第二次鸦片战争中,列强在这一问题上获得了较大突破,此后该制度逐步走向完善。

After the Opium War, the foreign warships privilege system stationed in China had been stipulated explicitly because of the imposition of unequal treaties. The privilege system begun with Humen Treaty legitimately. This system became more and more perfect by Wangxia Treaty between China and the U. S and Huangpu Treaty signed by China and France. During seizing privilege, Caleb Cushing was an important personage who made the privilege provision expand to the situation which was explained willfully. It was the reason that the foreign warships sailed into the territorial waters of china willfully in the future. After Opium War ,the West obtain the privilege by a series of unequal treaties.During the second Opium War, the big powers made it broke through greatly. Hereafter this system moved toward the consummation gradually.