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学术界一直认为 ,受《中英续议通商行船条约》关于“弃除领事裁判权”的内容的影响 ,清政府被迫屈从帝国主义的意志而进行了修订律法的活动。本文认为 ,“弃除领事裁判权”是中国提出的谈判要求 ,是近代中国社会变迁的必然选择 ,并不体现帝国主义的意志。清廷的修律决策不是《中英续议通商行船条约》影响的结果。该项条款也不具有以往所认为的那种转折性的地位
Academics have always believed that the Qing government was forced to submit to the will of the imperialists and carried out the activity of amending the law because of the influence of the “Treaty of Merchant Shipping on the Treaty between China and Britain Renewed on Disarmament and Abolition of Consular Jurisdiction.” This article argues that “abandoning the consular jurisdiction” is the negotiating requirement proposed by China, an inevitable choice for social changes in modern China and does not reflect the will of imperialism. The policymaking of the Qing court was not the result of the “Sino-British renewal treaty on trade and shipping.” Nor does the clause have the kind of turning point that was previously thought