排除不法侵害的近代中外关系史

On the Modern History of Sino-foreign Relations in Eliminating the Illegal Trespass

法治是一个社会系统工程,文化的缺位对于构建过程是不可思议的,而历史记忆是社会意识及其文化的主要来源,也是法治构建的基本前提基础。近代中外关系史是中国法治进程中不可忽略的领域,西方殖民者利用历史发展的不平衡而出现的法治进程差异,在自利元素驱动下的"借法趋利",造成对华种种不法侵害。近代中国懵懂和被侵害状况下的"援法避害"行动,虽对法理存在一定程度的曲解,但也是中国近代法治进程的实然,这一真实而具象的历史轨迹,是法治构建中不能不注目的课题。

As rule of law is a social system project the absence of culture is incredible for the construction process. Historical record is the main source of social consciousness and social culture as well as the fundamental foundation of the construction of rule of law. The modern history of Sino-foreign relations is a field which is unaffordable to be neglected in the development of rule of law in China. Driven by self-benefit for so called 'legalized benefit', the western colonists organized various trespasses to China which is somehow due to the unbalanced development of rule of law from the unbalanced historical development. The 'legal aid to avoid harm' in the state of innocence and infringement in modern China is kind of distortion of jurisprudence and what is about the modern development of rule of law in China as well. It is a real and detailed mark in history which should be treated as an unavoidable project in the construction of rule of law.