The passage of persons, things, and even ideas across
China's land and sea boundaries was subject to a comprehensive network of
rules promulgated by the Qing state (1644-1911) and its predecessors. This
intricate regulatory system was of functional importance in the management
of China's relations with foreign countries, and it offers rich food for
comparative thinking about the evolution of rules for interstate conduct.
Yet this normative system has largely escaped study, in part because law
was never highly regarded by the official chroniclers of Chinese history
and in part because the rules themselves are widely scattered throughout
the numerous compendia of laws and regulations. This article will
introduce and examine the border control regulations and procedures of the
Qing Dynasty. Selected cases will be used to illustrate the dynamic
process of interstate law-making in China's relations with some of its
East Asian neighbors in the later imperial era.
This article has two principal aims. One is to survey
the laws on boundary regulation and show that some of the basic operating
principles and procedures which developed during the Imperial era resemble
concepts or practices separately developed in the West. The other
principal aim is to provide historians of China's foreign relations with a
key to the maze of interlocking rules and regulations which established
the framework governing Qing foreign relations. This article also
illustrates how Qing officials applied the often conflicting mandates
emanating from the ideology of the tribute system, on the one hand, and
the stipulations in the regulations of the "Six Boards" on the
other.
Close study of the records of imperial China's foreign
relations does not support the thesis that China in the past always
dictated the terms of its relations with other states, as suggested by the
traditional "tributary system" model. Rather, this record
reveals a complex mixture of rules and practices, some reflecting the
hierarchal presuppositions of the tribute model, others representing ad
hoc working compromises between China and other countries. Yet another
category of rules and practices appears to have been grounded in shared
notions of fairness, equality, reciprocity, and mutual respect for
"territorial sovereignty." Indeed, Qing boundary rules and cases
spanning more than one hundred years indicate that substantive equality
and reciprocity, coupled with Sinocentric hierarchy in form, were the
dominant characteristics of the border control system, at least with
regard to Qing relations with Korea, Vietnam, Siam and Burma. |