国际法视域下1908年二辰丸走私军火问题再研究

Restudy on the Arms Smuggling of Tatsu Maru Incident in 1908 from the Perspective of International Law

晚清时期社会动荡,东南沿海军火走私猖獗,以致中外纠纷不断。1908年2月,日本商船“二辰丸”因走私枪弹而为广东水师缉拿,其间却因中方行事过急、处置不当,反遭日本、葡萄牙发难,从地方交涉演化为重大外交事件。在法律依据不充分又面临武力威胁的情况下,外务部着眼于修订禁运军火章程、明确领水区域划分,从速办结“二辰丸案”。随后,清政府挟日本政府之承诺,粤督张人骏以增派驻澳附近之兵力,迫使日本、葡萄牙同意协助中国完善军火缉私制度。而借助爱国商民掀起的抵制日货运动风潮,地方当局也将二辰丸赔偿问题搁置,使之成为悬案。二辰丸案及其衍生事件的解决过程,不仅暴露出清末对外交涉时中央、地方及民众间的各自立场与利益纠葛,也体现了贸易实践对法律制度的影响,为探究近代中外约章的体系构成提供了可能。

In the Late Qing Dynasty,arms smuggling was rampant in the southeast coastal areas,resulting in constant disputes between China and foreign countries.In February 1908,a Japanese vessel called Tatsu Maru was captured by Chinese authorities,for the prevention of smuggling of arms.As Chinese sailors acted too hastily,it was attacked by Japan and Portugal,turning the case from a local negotiation into a major diplomatic incident.In the case of insufficient legal basis and threat of military force from Japan,the Ministry of Foreign Affairs of China promptly concluded the Tatsu Maru Incident with a view to revising the arms embargo rules and clarifying the division of territorial waters.Subsequently,the Qing government took advantage of the Japanese government's commitment and sent more troops to the area near Macao,forcing Japan and Portugal to assist China in improving the arms anti-smuggling system.Influenced by the boycott of Japanese goods caused by patriotic businessmen,the Tatsu Maru compensation issue has become a pending case.Through the settlement of Tatsu Maru Incident,it not only illustrated the different positions and interest disputes among the central government,the local authority and the people,but also reflected the impact of trade practices on the legal system,which provided the possibility to explore the constitution of modern Chinese and foreign treaty system.