晚清中外船碰问题探论

两次鸦片战争之后,随着"条约制度"的形成,中国的江海航运权逐渐为外人所攘夺.由于西方航运势力的东侵,中国的江海航运呈现出多样化趋势.在此历史背景下,中外船只碰撞问题不可避免地产生了,而由船碰所生的中外交涉、华洋诉讼诸问题,则复杂多端.但中外各方,尤其是晚清政府所采取的应对措施以及颁布的一系列防碰章程,却成为中国近代海商立法之滥觞.

On the problem of the ship collision happened between the China and foreign in the period of Later Qing Dynasty

After the two opium wars,"Treaties System"had been formed,the shipping right of inland river and coast was robbed by westerners.Because of the invasion of the western shipping force,diversified trends had appeared in inland river and coast shipping of China,under the historical background,Chinese and foreign ship collision took place unavoidably,which led to the complex diplomacy and suitcases between China and western countries.However,measures taken by each sides of China and foreign,especially Later Qing government to avoid ship collision,and a series of rules to prevent ship from collide issued by Later Qing government,were the beginning of maritime law in modern China.