Skip to main content

The Rise of the Ideological Trend of Reforming the Political System and the Law Before and After the Opium War

  • Chapter
  • First Online:
The History of Chinese Legal Civilization
  • 375 Accesses

Abstract

The Chinese agricultural society based on natural economy was a closed, conservative, and autocratic system that had deliberately cut China off from the outside world, so that China was ignorant of the outside world for a long time; at the same time, the world also knew little about China. It was not until the sixteenth century that a group of Western missionaries represented by Matteo Ricci came to China. Apart from preaching, these missionaries had spread Western science and technology as well as the knowledge of humanities through translated books and writings. From then on, for the first time, the intellectual circles of China began to have a glimpse of the Western world.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 129.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book
USD 169.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Notes

  1. 1.

    Yang Xifu, “Chen Ming Mi Gui Zhi You Shu” (The Memorial about the Reason for the High Price of Rice) in Huang Chao Jing Shi Wen Bian (Collection of Works on Statecraft in Qing Dynasty), edited by He Changling, Zhonghua Book Company, Vol. 39, 1979.

  2. 2.

    “Ming Liang Lun” (On Wise Monarchs and Loyal Subjects) (Part 2) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen), Vol. 1.

  3. 3.

    “Huang Ying Shu Zhai Hong Lu Shu” (The Letter of Huang Ying Shu to the Court of State Ceremonial) in Zhang He fu Quan Ji (The Collected Works of Zhang Hengfu).

  4. 4.

    Liang Tingnan (edited), “Yue Hai Guan Zhi” (The Record of the Customs in Guangdong Province) in Xing Shang (Pedlar), Chengwen Publishing House (Taipei), 1968.

  5. 5.

    “Guo Song Tao Zou Gao” (The Memorials to the Emperor by Guo Songtao) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  6. 6.

    Jin Anqing, “Lin Wen Zhong Gong Zhuan” (The Biography of Lin Wen Zhong) in Xu Bei Zhuan Ji (Collections of Biographies from the Reign of Emperor Daoguang to Guangxu in Qing Dynasty), Vol. 24.

  7. 7.

    Liang Qichao, Qing Dai Xue Shu Gai Lun (An Outline of the Academics in Qing Dynasty).

  8. 8.

    “Wu Jin Li Shen Qi Xian Sheng Zhuan” (The Biography of Mr. Wu Jin and Li Shenqi) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1).

  9. 9.

    “Zhi Pian” (The Chapter on the Governance) (Passage 1) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1).

  10. 10.

    “Sheng Wu Ji Xu” (Preface to the Wise and Brave Monarchs) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1).

  11. 11.

    See footnote 10.

  12. 12.

    “Lun Zhong Guo Xue Shu Si Xiang Bian Qian Zhi Da Shi” (On the General Trend of the Changes of the Academic Thoughts in China) in Yin Bing Shi Wen Ji (The Collected Works of Yin Bing Shi) (Book 6), Vol. 6.

  13. 13.

    “Zai Yu Yang Ji Zi Shu” (Another Letter to Yang Jizi) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu), Vol. 8.

  14. 14.

    “Jian Yi Yi” (On Annihilating the Barbarian) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu), Vol. 35.

  15. 15.

    “Ren Gui Zhi Ji Tai Guan Di Wu” (My Peliminary Ideas in the Year of f Ren Gui) (Part 5) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  16. 16.

    “Shang Da Xue Shi Shu” (A Letter to to Grand Secretary) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  17. 17.

    “Yi Bing Zhi Ji Zhu Yi” (Essays Written between the 20th and 21st Year of Jiaqing) (Part 7) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  18. 18.

    Wei Yuan Ji (The Collected Works of Wei Yuan) (Book. 1), Vol. 1, p. 162.

  19. 19.

    “Yu Shu Yin Xin Shi Wu Shi Wen Xu Lu” (The Descriptive Record of Poems and Essays of by Emperor in Yi Xin Stone House) in Wei Yuan Ji (The Collected Works of Wei Yuan), Vol. 1.

  20. 20.

    “Zhi Pian” (The Chapter on the Governance) (Passage 5) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan), Vol. 1.

  21. 21.

    “Zhi Pian” (The Chapter on the Governance) (Passage 5) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan), Vol. 1.

  22. 22.

    “Cai Xi Xue Yi” (On Adopting Western Learning) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  23. 23.

    “Shou Ping Min Yi” (On Accepting the Poor) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  24. 24.

    “Zhi Yang Qi Yi” (On Making Foreign Equipments) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  25. 25.

    See footnote 24.

  26. 26.

    See footnote 24.

  27. 27.

    See footnote 24.

  28. 28.

    “Jun Chu Pian” (The Chapter on Military Reserve) (Passage 1) in Wei Yuan Ji (The Collected Works of WeiYuan) (Book2).

  29. 29.

    “Chou Hai Pian” (The Chapter on the Preparation of Sea Trade) (Passage 4) in Wei Yuan Ji (The Collected Works of Wei Yuan).

  30. 30.

    Zhang Jincao, “Lin Ze Xu Yu Guo Ji Fa” (Lin Zexu and International Law) in Fa Xue (The Science of Law), Vol. 1, 1983.

  31. 31.

    “Zou Gao” (The Memorials to the Emperor) in Lin Ze Xu Ji (The Collected Works of Lin Zexu), p. 601.

  32. 32.

    “Yang Sou Zheng Fu Ji” (On the Conquering of Foreign Ships) in Wei Yuan Ji (The Collected Works of Wei Yuan).

  33. 33.

    Zhang Jincao, “Guo Ji Fa Zui Zao De Han Wen Yi Zhu Zhe Shi Lin Ze Xu” (Lin Zexu, the Earliest Person Who Translated International Law into Chinese) in Fa Xue (The Science of Law), Vol. 5. 1983.

  34. 34.

    Ao Men Yue Bao (Macao Monthly).

  35. 35.

    Zhang Jincao, “Guo Ji Fa Zui Zao De Han Wen Yi Zhu Zhe Shi Lin Ze Xu” (Lin Zexu, the Earliest Person Who Translated International Law into Chinese) in Fa Xue (The Science of Law), Vol. 5. 1983.

  36. 36.

    Zhang Jincao, “Guo Ji Fa Zui Zao De Han Wen Yi Zhu Zhe Shi Lin Ze Xu” (Lin Zexu, the Earliest Person Who Translated International Law into Chinese) in Fa Xue (The Science of Law), Vol. 1. 1983.

  37. 37.

    “Gong Du” (Official Documents) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  38. 38.

    “Zou Gao” (The Memorials to the Emperor) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  39. 39.

    See footnote 38.

  40. 40.

    Hosea Ballou Morse, Zhong Hua Di Guo Dui Wai Guan Xi Shi (The History of Foreign Relations Chinese Empire), SDX Joint Publishing Company, Vol. 1, p. 269, 1957.

  41. 41.

    “Gong Du” (Official Documents) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  42. 42.

    See footnote 38.

  43. 43.

    “Bian Juan Li Yi” (On Changing the Tax Regulations) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  44. 44.

    “Tai Rong Yuan Yi” (On Eliminating Redundant Officials) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  45. 45.

    “Yi Li Xu Yi” (On Changing Petty Officials) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  46. 46.

    “Geng Chen Za Zhu San” (Three Miscellaneous Essays in the Year of Geng Chen) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu), Vol. 3.

  47. 47.

    “Xi Yu Zhi Xing Sheng Yi” (On Establishing Provinces in West Regions) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  48. 48.

    “Gu Shi Gou Chen Lun” (On the Exploration of Ancient History) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  49. 49.

    “Zhi Pian” (The Chapter on the Governance) (Passage 12) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1).

  50. 50.

    “Zhi Pian” (The Chapter on the Governance) (Passage 3) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1).

  51. 51.

    “Zhi Pian” (The Chapter on the Governance) (Passage 5) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1).

  52. 52.

    “Ming Liang Lun” (On Wise Monarchs and Loyal Subjects) (Part 4) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  53. 53.

    See footnote 52.

  54. 54.

    See footnote 52.

  55. 55.

    “Sheng Ze Li Yi” (On Provincial Rules and Regulations) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  56. 56.

    “Prelude” in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  57. 57.

    See footnote 55.

  58. 58.

    Yi Bing Zhi Ji Zhu Yi (Essays Written between the 20th and 21st Year of Jiaqing) (Part 3) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  59. 59.

    “Shu San An Shi Mo” (The Whole Story of the Case of Shusan) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu) (Book 2), Vol. 31.

  60. 60.

    “Wei Hu Mo Zhuang Ji Shi Tiao Cheng Qing Li Ji An Zhang Cheng Zhe Zi” (Memorial to the Emperor for the Deaconry of Humozhuang to Clarify the Accumulated Cases) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu) (Book 2), Vol. 31.

  61. 61.

    “Shu Yue Ke Bu Xi Yuan Lu Ji Zheng Hou” (On Collecting Evidence for Redressing Wrong Judgments by Instructions) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu) (Book 1), Vol. 31.

  62. 62.

    “Zhi Pian” (The Chapter on the Governance) (Passage 4) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1), Vol. 1.

  63. 63.

    “Chou Hai Pian” (The Chapter on the Preparation of Sea Trade) (Passage 3) in Hai Guo Tu Zhi (Illustrated Annals of Overseas Countries).

  64. 64.

    “Chou Hai Pian” (The Chapter on the Preparation of Sea Trade) (Passage 4) in Hai Guo Tu Zhi (Illustrated Annals of Overseas Countries).

  65. 65.

    An Wu Si Zhong (Collections of Four Categories of Essays in Anwu), Vol. 33.

  66. 66.

    “Geng Chen Jiu Yue Wei Qin Shi Du Tiao Li Ba Shi” (“Eight Things” for the Reading of Regulations for Qin Shi in September of the Year of Geng Chen” in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu) (Book 1), Vol. 33.

  67. 67.

    Yi Bing Zhi Ji Zhu Yi (Essays Written between the 20th and 21st Year of Jiaqing) (Part3) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  68. 68.

    Yi Bing Zhi Ji Zhu Yi (Essays Written between the 20th and 21th Year of Jiaqing) (Part3) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  69. 69.

    “Cha Ming Zai Zhen Ji Bi Ji Xian Zai Ban Li Qing Xing Zhe” (Memorial to the Emperor about Finding Out the Accumulated Malpractice in Disaster Relief and the Current Situations) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  70. 70.

    “Cha Yi Ying Ang Qian Jian Chu Bi Bian Min Shi Yi Ze” (Memorial to the Emperor about Finding out and Discussing the Reason of the Expensiveness of Silver and Cheapness of Money and the Elimination of Malpractice for the Convenience of the People) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  71. 71.

    “Mi Chen Suo Shu Si Dao Fu Kao Yu Zhe” (Memorial to the Emperor about of the Secret Comments on Bureaus, Offices and Prefectures) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  72. 72.

    “Cha Ming Zai Zhen Ji Bi Ji Xian Zai Ban Li Qing Xing Zhe” (Memorial to the Emperor about Finding Out the Accumulated Malpractice in Disaster Relief and the Current Situations) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  73. 73.

    “Di Yi Ci Shu Liang Jiang Zong Du Nei Zhe Pian” (The First Memorial to the Emperor about the Term of the Viceroy of Liangjiang) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  74. 74.

    “Jiang Su Ge Shu Na Huo Dao Yao Fan Fen Bie Shen Ban Qing Xing Pian” (Memorial to the Emperor about the Separate Handling of the Cases of Arresting Thefts and Robbers in Various Departments of Jiangsu Province) in Lin Ze Xu Ji (The Collected Works of Lin Zexu).

  75. 75.

    “Du Gu Ting Lin Yi Shu” (On Reading the Posthumous Papers of Gu Tinglin) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu), Vol. 8.

  76. 76.

    “Nong Zong Da Wen Di Wu” (The Answers and Questions on Agricultural Patriarchy) (Part 5) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  77. 77.

    “Ming Liang Lun” (On Wise Monarchs and Loyal Subjects) (Part 2) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  78. 78.

    “Qi Min Si Shu Mu Lu Xu” (Prelude of the Contents of the Four Tactics for Governing the People’s) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu) (Book 1), Vol. 25.

  79. 79.

    “Geng Chen Za Zhu Yi” (Miscellaneous Essays in the Year of Geng Chen) (Part 1) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu) (Book 1), Vol. 28.

  80. 80.

    “Zhi Pian” (The Chapter on the Governance) (Passage 2) in “Mo Gu Xia” (Writings by Wei Yuan) (Part 2) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1), Vol. 1.

  81. 81.

    “Zhi Pian” (The Chapter on the Governance) (Passage 16) in “Mo Gu” (Writings by Wei Yuan) (Book 2) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 1), Vol. 1.

  82. 82.

    “Chun Qiu Jue Shi Bi Zi Xu” (The Author’s Preface of the Precedents in Lawsuit Settlements during Spring and Autumn Period) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  83. 83.

    “Song Qin Chai Da Chen Hou Guan Lin Gong Xu” (The Preface of Seeing off Imperial Commissioner Hou Guanlin) in Gong Zi Zhen Quan Ji (The Complete Works of Gong Zizhen).

  84. 84.

    “Da Qian Xue Shi” (Reply to Secretary Qian) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu), Vol. 29.

  85. 85.

    “Mu Min” (On Ruling the People) in Guan Zi (The Book of Master Guan).

  86. 86.

    “Nong Zheng” (Agriculture Affairs) in An Wu Si Zhong (Collections of Four Categories of Essays in Anwu), (Book 1), Vol. 25.

  87. 87.

    “Jun Chu Pian” (The Chapter on Military Reserve) (Passage 1) in Wei Yuan Ji (The Collected Works of Wei Yuan) (Book 2).

  88. 88.

    Liang Qichao, Qing Dai Xue Shu Gai Lun (An Outline of the Academics in Qing Dynasty).

  89. 89.

    “Ya Pian Zhan Zheng” (The Opium War) (Part 5) in Zhong Guo Jin Dai Shi Zi Liao Cong Kan (Series of Books on the Materials of Modern Chinese History), Vol. 5.

  90. 90.

    “Da XiYang Ou Luo Ba Ge Guo Zong Xu” (General Records of Atlantic and European Countries) in Hai Guo Tu Zhi (Illustrated Annals of Overseas Countries), Vol. 2.

  91. 91.

    “Chou Hai Pian” (The Chapter on the Preparation of Sea Trade) (Passage 3) in Hai Guo Tu Zhi (Illustrated Annals of Overseas Countries), Vol. 2.

  92. 92.

    “Hai Guo Tu Zhi Xu” (Description of Illustrated Annals of Overseas Countries) in Wei Yuan Ji (The Collected Works of Wei Yuan).

  93. 93.

    “Wu Shi Yu Ji” (The Postscript of Military and War Affairs) in Sheng Wu Ji (Wei Yuans Essays on the Military Affairs during the Reign of Emperor Daoguang).

  94. 94.

    “Da Xi Yang Mo Li Jia Zhou Zong Xu” (General Records of Atlantic and America) in Hai Guo Tu Zhi (Illustrated Annals of Overseas Countries), Vol. 59.

  95. 95.

    “Da Xi Yang Mo Li Jia Zhou Zong Xu” (General Records of Atlantic and America) in Hai Guo Tu Zhi (Illustrated Annals of Overseas Countries), Vol. 59.

  96. 96.

    “Hou Xu” (Epilogue) in Hai Guo Tu Zhi (Illustrated Annals of Overseas Countries).

  97. 97.

    “Chou Hai Pian” (The Chapter on the Preparation of Sea Trade) (Passage 3) in Wei Yuan Ji (The Collected Works of Wei Yuan), Vol. 2.

  98. 98.

    “Sheng Wu Ji Xu” (Preface to Wei Yuan’s Essays on the Military Affairs during the Reign of Emperor Daoguang) in Wei Yuan Ji (The Collected Works of Wei Yuan), Vol. 1.

  99. 99.

    “Lun Zhong Guo Xue Shu Si Xiang Bian Qian Zhi Da Shi” (On the General Trend of the Changes of China’s Academic Ideology) in Yin Bing Shi Wen Ji (The Collected Works of Yin Bing Shi) (Book 2), Vol. 6.

  100. 100.

    “Lun Zhong Guo Xue Shu Si Xiang Bian Qian Zhi Da Shi” (On the General Trend of the Changes of China’s Academic Ideology) in Yin Bing Shi Wen Ji (The Collected Works of Yin Bing Shi)(Book 2), Vol. 6.

  101. 101.

    Huang Liyong, Wei Yuan Nian Pu (The Biography of Wei Yuan), p. 228.

  102. 102.

    “Zhi Yang Qi Yi” (On Making Foreign Equipments) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  103. 103.

    “Shan Jia Yi Yi” (On Getting Control of the Foreigners) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  104. 104.

    See footnote 103.

  105. 105.

    “Zhi Yang Qi Yi” (On Making Foreign Equipments) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  106. 106.

    “Shan Jia Yi Yi” (On Getting Control of the Foreigners) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  107. 107.

    “Shang Hai She Li Tong Wen Guan Yi” (On Establishing School of Combined Learning in Shanghai) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  108. 108.

    “Cai Xi Xue Yi” (On Adopting Western Learning) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  109. 109.

    “Zhi Yang Qi Yi” (On Making Foreign Equipments) in Jiao Bin Lu Kang Yi (Protests from Xiao Bin Lu).

  110. 110.

    See footnote 107.

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Jinfan Zhang .

Rights and permissions

Reprints and permissions

Copyright information

© 2020 Springer Science+Business Media Singapore

About this chapter

Check for updates. Verify currency and authenticity via CrossMark

Cite this chapter

Zhang, J. (2020). The Rise of the Ideological Trend of Reforming the Political System and the Law Before and After the Opium War. In: The History of Chinese Legal Civilization. Springer, Singapore. https://doi.org/10.1007/978-981-10-1032-3_2

Download citation

  • DOI: https://doi.org/10.1007/978-981-10-1032-3_2

  • Published:

  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-10-1030-9

  • Online ISBN: 978-981-10-1032-3

  • eBook Packages: Law and CriminologyLaw and Criminology (R0)

Publish with us

Policies and ethics