从蕃坊到租界:试探中国近代外侨政策之历史渊源

From the Fan District to the Concession:the Historical Origin of the Alien Policy in Modern China

中国史学家围绕着治外法权问题对于第一次鸦片战后的外交谈判过程进行了认真研究,基本认定是耆英等人将中国的治外法权拱手相让,但没有进一步探讨其历史渊源。事实上,从唐朝开始,历经宋、元、明、清一千余年,中国历代皇朝对待外国侨民的政策是一脉相承,或者设立蕃坊,或者设立商馆,总是设法预防华夷杂处,无不要求外国侨民聚居在一起,试图将华人与夷人隔离起来。并且对于聚居的外国侨民总是采取"因俗而治"的办法,赋予外国侨民相当大的自治权利。这种"以不治治之"的"华夷分治"观念根深蒂固,对于耆英、宫慕久等人的外交思想和活动产生了比较大的影响。

The Chinese historians have engaged in the diplomatic negotiation after the first Opium War on the issue of extraterritoriality. Most of thescholars agree thatit was Keying who gave the right to foreigners on his own initiative , but few of them have explored its historical origin. In fact , different dynasties adopted the same policy to govern the foreigners from the Tang dynasty to the Qing dynasty. The policy was to cluster the foreigners by setting up the Fan District or foreign factories for them , and to prevent the mixed residence of foreign and the Chinese people . The different imperial governments all carried out the ＂administrating according to the customs＂ policy , and granted the aliens a certain autonomy. Therefore, the non-interference policy was regarded the best way to rule the barbarians . This thought had made a profound impact in history and also had a strong impact on the diplomatic thoughts and activities of Keying and Kung Mu-chitu.