治外法权与清末报律的制定  

Extraterritoriality in Foreign Concessions and its Relation with the Formulation of Press Law in Late Qing China

作　　者：邵志择[1] 

机构地区：[1]浙江大学新闻与传播学系

出　　处：《新闻与传播研究》2016年第2期100-110,128,共11页Journalism & Communication

摘　　要：清末报律的制定是清廷整体上改革旧律以符合现代"文明"法律体系的一个组成部分,目的之一是为了借此收回治外法权,因此在制定报律的过程中也处处考虑到这个因素。虽然清廷制定报律也是为了有效管理租界内的报馆,但是正因为想要从外国人手中收回对报馆的管理权,所以在制定报律的时候谨小慎微,生怕得罪外人而影响收回治外法权之大计。最后颁布的《大清报律》以及宣统时期的《钦定报律》,都没有直接关于租界报馆的规定,其原因也是治外法权的阻梗。The aim of the government in late Qing China in reforming its obsolete laws was to meet the so-called civilized standards of the West. Press law was among its general considerations with its main purpose being to recover its lost sovereignty in foreign concessions in major cities such as Shanghai. Hence foreign factors were considered by mandarins responsible for the drafting of the press law. Certainly the press law also aimed to regulate newspapers published in concessions effectively,but with the eagerness to regain its authority in concessions,Qing government officials were very prudent about foreign elements. As a result the formally issued press law carried no titles regarding foreign concessions where most Chinese newspapers and magazines were published. The first press law in Chinese history was just empty words and had little legal effect on newspapers and magazines.

关 键 词：治外法权 租界 报律 

分 类 号：G219.29[文化科学—新闻学]