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唐律确立的“化外人司法原则”并不能简单地理解为一个国际冲突规范,其反映的是基于唐代天下观所形成的一种共识性规则。然而,这只是在强大的唐王朝单方面提出之后,被各国接受的“共识”。宋元继承之,沿袭了属人主义为主的司法原则。明清虽然改为属地管辖原则,但并非基于国际主权意识,依然是华夏王朝政治和文化优越感单向度辐射的反映。可以说,明清“化外人司法原则”只是一厢情愿的单方面“共识”而已,故而被西方列强利用,将“化外人司法原则”巧妙转换为窃取清廷司法主权的领事裁判权。
The “principle of extraterritorial justice” established by Tang law can not simply be understood as an international conflict norms, which reflects a consensus rule based on the concept of world view of the Tang Dynasty. However, this is only the “consensus” accepted by various countries after the powerful Tang Dynasty was unilaterally proposed. Inherited by the Song and Yuan Dynasties, inherited the principle of belonging to justice. Although the principle of territorial jurisdiction changed to the Ming and the Qing dynasties, it is not based on the sense of international sovereignty that it is still a reflection of the one-way radiation of political and cultural superiority in the Chinese dynasty. It can be said that the principle of “justice for the outsider” of the Ming and Qing Dynasties was only a unilateral and “consensual” one-sided wishful thinking. Therefore, it was used by the Western powers to skillfully convert the “principle of justice to the outsider” into a consul to steal the judicial sovereignty of the Qing court Jurisdiction.