排华法案时期华人非法越境美国现象探析——以中国传统法文化为视角

The Phenomenon of Chinese “Illegal” Cross-border to USA During the Period of the Chinese Exclusion Act——An Analysis of Chinese Traditional Legal Culture

论文以中国传统法文化为切入点,通过对《排华法案》出台的原因及影响以及华人由加拿大、墨西哥越境美国现象的分析,阐述了华人越境入美的主观因素。认为美国《排华法案》时期的华人,是中国传统文化稳定的守候者,中国传统法文化也深深烙印在他们心中。面对《排华法案》这一仅针对华人的歧视性法律时,在"理、情、法"权衡之后,很多华人冒着生命风险,付出更大代价做出越境行为,既是被逼无奈之举,也是追求中国传统法文化中"正义"的体现。

Based on the analysis of Chinese traditional legal culture, this paper expounds the subjective factors of the Chinese people＇s transboundary movement from Canada and Mexico to the United States. In the period of the Chinese Exclusion Act, Chinese people were the protectors of the traditional Chinese culture, and the Chinese traditional legal culture was also intensely imprinted in their hearts. In facing the discriminatory Chinese Exclusion Act that was against the Chinese only, after considering reason, emtion, and law, many Chinese risked their lives and paid a greater price to their cross-border behaviors. They had no choice but were forced to do so, and this represents their pursuits of the Chinese traditional legal culture ＂justice＂.