新中国成立以来领事保护的“国家特征”(1949～1977年)

On National Interests First of China's Consular Protection Since the Foundation of PRC(1949～1977)

新中国成立至改革开放之前是中国领事保护现代转型的重要时期。虽然这一时期新中国政府在国内制度上体现出对华侨权益的重视,然而由于受到国际环境与国际关系以及意识形态的较大影响,基于国际关系中国家利益的考量以及国家—社会关系中国家的主导特征,领事保护中的国家利益与"侨民"利益之间呈现出一定的张力与矛盾,领事保护的"国家特征"较为突出。因此,中国领事保护的现代"人本"转型一直拖延至改革开放之后。

China＇ s consular protection underwent its modem transformation from the foundation of new China to the reform and opening up. During this period, although attention was paid to the rights and interests of overseas Chinese by the government in the domestic system, there was tension and contradiction between national interests and the interests of the overseas Chinese caused by consideration of the interests of the state in international relations and government dominance in the domestic society due to the great influence of international environment, international relations and ideology. And the characteristic of national in- terests first was quite obvious in consular protection. Therefore, the modem people - oriented transformation of China＇ s consular protection was delayed until after the reform and opening up.