The main treaties of the Qing Dynasty in China

Sino-Russian Nebuchadnezzar Chu Treaty (1689.9.7)

This is a Latin translation, and the official text of the Treaty of Nebuchadnezzar Chu is a Latin text. After reading and checking at the meeting, the representatives of both parties shall sign and seal and exchange texts, which have full legal effect.

The Great Emperor of China sent an imperial envoy to the boundary minister to lead the minister in charge of the bodyguard's motion. The first-class minister in charge of the minister was Uncle Tongguo Gang, in charge of Tan Lang, in charge of Banda Mountain, and general Sabusu guarding Heilongjiang and other places, and the town garrison commander Mara and Yuan's assistant minister Wenda; The Russian state rules Russia, Russia, Belarus and the territories in the east, west and north. God bless two monarchs, John alexeyevich and Peter alexeyevich, the imperial envoy of the Governor of Bryansk, Feyodo Ostafie Urasov, and Archbishop Sherman KelNitica. On July 24th, 2008, the envoys of the two countries met near Nebuchadnezzar to prevent hunters from crossing the border.

1. The border between the two countries is the Chur River, which flows into Heilongjiang, that is, the grbic River near the Ulumu River as the Tatars say. The grbic River, which originates from Shixing Mountains and runs directly to the sea, is also the dividing line between the two countries. Land in Lingnan area and rivers flowing into Heilongjiang should be under the jurisdiction of China. The land and rivers in the north of the ridge should be under the jurisdiction of Russia. However, how to divide the river land between Xing 'an Mountains and Wudi River is still inconclusive. This matter can only be decided by sending envoys or using official documents after the envoys of the two countries return to their respective countries to learn more about it. The Ergon River, which also flows into Heilongjiang, is also the dividing line between the two countries: the south of the river belongs to China, and the north of the river belongs to Russia. All the houses in the Heilileke estuary on the south bank of Ergon River should be moved to the north bank.

Second, the Russian city barrier built by jaxa should be destroyed immediately. Russian citizens living here should move to Russia with all their things.

No matter what happens, Orion and others in both countries are not allowed to cross the established border. If one or two lowly people cross the border without authorization, either for hunting or stealing, they will be immediately sent to the legal officers of various countries to investigate and deal with the case immediately. If more than a dozen people meet across the border, or hunt with guns, or kill and rob, they must report to the emperors of the two countries and be sentenced to death according to their crimes. We can neither prepare for war because a few people break the ban, nor shed blood because of doing so.

3. Never forget this matter before everything is stipulated in this agreement. Since the day when the two countries reconciled forever, there have been fugitives who have not been accepted and should be repatriated by the armed forces.

Fourth, Russians in China or China in Russia now sound as old-fashioned.

Since the signing of the peace treaty, all passport holders of the two countries are allowed to cross the border and trade with each other.

6. Reconciliation has decided that the two countries will be friendly forever, and all disputes since the border will be abolished forever. If both parties strictly abide by the contract, there will be no dispute.

The ambassadors of the two countries signed and sealed the written contract, and each kept two originals and two copies.

This agreement will be published on stone tablets in Chinese, Russian and Latin, and will be placed as a permanent boundary pillar on the border between the two countries.

July 24th, 28th year of Kangxi.

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Ethnic laws and regulations in Qing dynasty

The first written nationality law in the history of China.

Nationality law is the product of modern western legal civilization. At the beginning of the 20th century, influenced by the immigration tide at home and abroad and the changes in the situation, and influenced by the Law of Nations, the Qing government formulated China's first written nationality law, the Regulations on Clearing Nationality, on the basis of the modern laws of capitalist countries and referring to the traditional laws of China. The formulation and promulgation of the National Regulations of the Qing Dynasty is the beginning of the history of China's written law.

China's ethnic legislation came into being in the early 20th century. Prior to this, China solved the nationality problem on the basis of customary law. /kloc-Before the middle of 0/9th century, there was no national concept in the modern sense in China. The rulers of feudal society regarded people of China descent as their subjects. "Under heaven, is it the land of kings?" On the coast of land, is it not a king? "Detained attached to the monarch, there is no independent legal status. A person, whether born at home or abroad, is considered to be from China and China is his motherland as long as his parents are of China origin. The China government also believes that the children born to his subjects of China descent are China's, even though he is the offspring of several generations of China people living abroad. Children born to people of China descent in the country where they were born still retain China nationality, even if they have acquired the nationality of the country where they were born. Children born to people of non-China descent in China are foreigners and have no China nationality.

In China, ethnic conflicts began after the Opium War. The Sino-British treaty of nanking in 1842 and the Tianjin Treaty in 1858 all mentioned the concepts of "Britain", "China", "British" and "China".

1868 After the signing of the Sino-US Treaty, China began to send diplomatic envoys abroad. According to Article 4 of the Treaty, "This Agreement shall not grant the right of naturalization to Americans in China or China people in the United States". According to this article, Americans in China have American citizenship, while China people in the United States have China citizenship. This provision shows that China adopts the principle of descent to determine nationality. This provision initiated the legal adjustment of nationality in China.

1886, Governor Zhang Zhidong of Guangdong and Guangxi asked the Qing government to set up a consulate in Hong Kong to exercise jurisdiction and protection over "more than 100,000 China people there". It can be seen from this memorial that the Qing government still regarded Hong Kong residents as subjects of China.

At the beginning of the 20th century, the Netherlands planned to formulate nationality regulations. In the thirty-fourth year of Guangxu, Dutch colonists forced overseas Chinese in Dutch Java to become Dutch citizens. In this case, the vast number of patriotic overseas Chinese gathered in the swimming water to discuss the boycott. One way is to ask the Qing dynasty to enact a nationality law as soon as possible to determine the nationality of overseas Chinese. 19 10, the Dutch authorities promulgated the Regulations on Dutch East Indian Nationality, requiring overseas Chinese who have lived in dutch east indies for generations to change to Dutch nationality and become Dutch subjects, which met with strong opposition from local overseas Chinese. The Dutch authorities forced overseas Chinese to become naturalized, which made the Qing government realize the importance of nationality and the essential difference between nationality and household registration. At that time, the Constitutional Compilation Investigation Museum wrote in the memorial: "The household registration is not only to check the number of people, divide them into old and young, in order to make contributions, but to reinstate them beyond their authority", and "the manipulation of the nationality law is related to the gains and losses of the state power, and the officials and the people are willing to violate it". 1909, on the occasion of "all nations contend, and Japanese colonists have their own strengths", the Ministry of Justice of the Qing government drafted the Draft Nationality Law of China in Xuantongyuan, and then consulted the Ministry of Foreign Affairs and jointly submitted it to the court. The draft law was deliberated and discussed by the Institute of Constitutional Compilation, and was renamed as the Regulations of the Qing Nationality. The Nationality Law of the Qing Dynasty adopted the nationality principle of consanguinity as the main factor and birthplace as the auxiliary factor, which showed the position of China government on the nationality of natural persons for the first time. The National Regulations of the Qing Dynasty is limited by the practical significance of the decline of the Qing government and has far-reaching historical significance.

The Nationality Ordinance consists of five chapters, namely, inherent nationality, naturalization, immigration, restoration of nationality and supplementary provisions, with a total of 24 articles. The law adopts the principle of parallel bloodline and birthplace for inherent nationality, and stipulates that: if the father was born in China or was born after his father died, but his father died in China, his nationality belongs to China nationality regardless of whether he was born in China or not; At the same time, it is stipulated that if both parents have no exams or are stateless, I was born in China and also belong to China nationality; If even my birthplace can't be tested, but an abandoned child found in China, his nationality also belongs to China nationality. The law has detailed provisions on joining China nationality, renouncing China nationality and joining other nationalities, and applying for joining China nationality after leaving the country. At the end of the Qing Dynasty, the Dutch authorities took advantage of the opportunity of the Qing Dynasty to set up a consulate in the Dutch colony, forcing the Qing government to compromise on the nationality of China people in the Dutch East Indigo Islands. 19 1 1 On May 3, 2008, representatives of China and the Netherlands signed the Treaty on the Establishment of Colonies on Dutch Territory in Beijing. After signing the contract, the representative of China sent a note to the Dutch government, acknowledging that China people in the Netherlands should be settled according to the Dutch method. The representative of the Netherlands also sent a note to the government of China, acknowledging that China people who entered the Netherlands can be naturalized in China if they return home. In essence, this is an unequal treaty against China. 19 1 1 The Revolution of 1911 overthrew the rule of the Qing Dynasty and established the Republic of China. 19 12, the Senate of the Republic of China drafted the nationality law and promulgated it in the same year. 19 14, the government of the Republic of China revised the nationality law and renamed it the revised nationality law, which was promulgated on 12.30 in the same year. From 65438 to 0929, the Government of the Republic of China revised the Nationality Amendment Law again, which was promulgated on February 5 of the same year. The Nationality Law of the Republic of China inherited the basic principle of "giving priority to bloodline, supplemented by poverty alleviation in birthplace" in the Regulations on Clearing Nationality. In order to avoid the adverse effects of dual nationality on overseas Chinese, when the government of the Republic of China acceded to the Convention on Certain Issues Concerning Nationality Conflicts concluded in The Hague in 1930, it made a reservation to article 4 of the Convention, that is, "a country may not exercise diplomatic protection against its nationals who have the nationality of another country in violation of the provisions of that country".

The full text of the National Regulations of the Qing Dynasty:

The first chapter, the inherent nationality.

Article 1: The following persons have China nationality regardless of whether they were born in China: (1) The father is from China. (2) Born in China after his father died. (3) The mother is from China, and the father's whereabouts are unknown or stateless.

Article 2. A person born in China is also a citizen of China if his parents have no exams or nationality. The abandoned Tong Tong, whose birthplace cannot be verified, was discovered in China.

Chapter II Domestication.

Article 3. Foreigners who have the following nationalities and wish to enter China are allowed to apply for citizenship in China: (1) Those who have lived in China 10 years or more. (2) Those who have reached the age of 20 or above have the capacity to act in accordance with national laws. (3) persons with good conduct. (4) Have sufficient assets or artistic ability to stand on their own feet. (5) According to the laws of this country, the nationality of this country should be revoked after naturalization. A stateless person who wishes to become a citizen of China shall be at least 20 years old and meet the requirements of the first, third and fourth paragraphs of the preceding article.

Article 4. Foreigners or stateless persons who have made outstanding performance in China may be granted special permission by the Ministry of Foreign Affairs and the Ministry of Civil Affairs, although they have not made preparations for the first to fourth paragraphs of the preceding article.

Article 5. Foreigners and stateless persons shall be regarded as naturalized in any of the following circumstances: (1) A woman marries a China person. (2) People who live together with China as their stepfather. (3) The illegitimate father comes from China and is claimed by his father. (4) Illegitimate mothers are claimed by mothers who don't want to be claimed by their fathers in China. According to the first paragraph of this article, naturalization is temporarily limited to those who have formally married and reported the case, and according to the second, third and fourth paragraphs, naturalization is limited to those who are underage and unmarried according to the laws of the country.

Article 6. This restriction does not apply to any naturalized man whose wife and minor son should be naturalized together with the naturalized man and do not lose their nationality together according to the laws of that country; If his wife is naturalized voluntarily or the naturalized person is willing to naturalize his minor son, although he is not allowed to apply for naturalization in the first four paragraphs of Article 3; Although the adult son of a naturalized person now lives in China, he is allowed to apply for naturalization, even though he has not prepared Article 3, paragraphs 1 to 4.

Article 7. Married women cannot apply for naturalization alone.

Article 8. A naturalized person may not hold the following official positions: (1) an official of the Ministry of Internal Affairs of the Military Department and a civil servant with a rank of four or above outside Beijing. (2) Military attaché s and soldiers. (3) Members of the upper and lower houses of Parliament and provincial advisory committees. The restrictions specified in the preceding paragraph may be exempted by the Ministry of Civil Affairs after 10 years from the date of naturalization of privileged citizens and 20 years from the date of naturalization.

Article 9. Anyone who applies for naturalization should declare that he will always abide by the laws of China and give up his rights after naturalization, and issue a marriage certificate jointly issued by two upright gentlemen in his place of residence. Article 10 Anyone who applies for naturalization should apply to local officials and ask administrative officials to consult with the Ministry of Civil Affairs to get approval to issue permits. As a naturalization certificate from the date of issuance of the license. According to Article 5, as a naturalized person, it should be submitted to the local authorities, and the administrator should consult the Ministry of Civil Affairs for the record. If he is abroad, he should submit a consular application to the embassy minister or file it directly with the advisory department of the embassy minister.

Chapter three, marriage.

Article 11 Anyone from China who wants to become a foreign citizen should apply for citizenship first.

Article 12 China residents are not allowed to leave the country unless there are the following matters: (1) Unfinished criminal and civil litigation cases. (2) Military service obligations. (3) The unpaid rental tax should be paid. (4) rank and origin.

Article 13 A person from China shall be regarded as a foreigner under any of the following circumstances: (1) A woman marries a foreigner. (2) Living with foreigners as a stepfather. (3) Children born out of wedlock are claimed by the foreigner's father. (4) The illegitimate mother is a foreigner and her father refuses to claim it. According to the first paragraph of this article, foreigners are limited to those who have officially married and reported the case. If they are naturalized through marriage according to the laws of that country, they still belong to China nationality. According to the second, third and fourth paragraphs, foreigners are limited to unmarried minors according to the laws of China.

Article 14 Any man who leaves the country shall be deemed to have left the country with his wife and minor son. If his wife stays in China voluntarily, or a foreigner is willing to let his minor son stay in China, he will be allowed to declare that he still belongs to his nationality.

Article 15. No woman with a husband can apply for going abroad alone. According to the laws of China, minors and other persons without capacity are not allowed to apply for citizenship by themselves.

Sixteenth, all China people born abroad and all China people enjoy their unique interests in the mainland.

Article 17. Anyone who applies for citizenship shall make a declaration on his own, stating that there are no items listed in Article 12 and no criminal acts have been found.

Article 18. All applicants for citizenship should show their local officials and ask the Chief Executive to seek the consent of the Ministry of Civil Affairs. Those who are abroad should submit their consular applications to the embassy minister or the advisory department of the embassy minister for processing. As the proof of citizenship from the date of approval, if it is not approved by petition, it will still be China nationality in any case, and it shall be handled in accordance with Article 13 and Article 10, paragraph 3.

Chapter four, reinstatement.

Article 19. Anyone who leaves the country because of his marriage to a foreigner should be allowed to apply for reinstatement in case of divorce or the death of his husband.

Article 20. All foreigners' wives can apply for reinstatement after divorce, or their minor children have reached adulthood after the death of their husbands.

Article 21. This restriction does not apply to those who have lived in China for more than three years after applying for naturalization as a China citizen and are allowed to apply for naturalization as a foreigner if they meet the requirements of paragraphs 3 and 4 of Article 3.

Article 22. If there is a request for reinstatement, a letter of guarantee shall be issued by two gentlemen and businessmen in the same province, and it shall be handled in accordance with the first paragraph of Article 10. If it is in a foreign country, two businessmen from the same country will issue a letter of guarantee petition, and the consular application will be handled by the embassy minister or the embassy consulting department. As a certificate of recovery from the date of approval of the license.

Article 23 A person who has been reinstated to his post shall not hold the post listed in Article 8 unless it has been five years. This restriction does not apply if the license is granted by special instructions.

Chapter V Supplementary Provisions

Article 24. These Regulations shall take effect immediately as of the date of promulgation.