公法、主权与利益:一战时期北京政府对德侨财产之处置  

International Law,Sovereignty,and Interests:The Peking Government's Treatment of German Private Properties During WWI

作　　者：魏兵兵[1] Wei Bingbing

机构地区：[1]中国社会科学院近代史研究所,北京100006

出　　处：《复印报刊资料（中国近代史）》2020年第3期20-38,共19页MODERN HISTORY OF CHINA

摘　　要：如何处置价值巨大的德侨在华财产是一战时期北京政府对外事务中的一个重要问题。对德宣战前后,当局对德侨及其财产基本采取保护政策,主要旨在展现奉守国际公法的“文明国”形象,以期获得国际社会的认可。在欧洲协约国的不断施压下,战时北京政府处置德侨财产的规章渐趋严厉,但实际仍持消极态度,引起协约国的不满。战后,为谋求在和会上获得主要协约国的支持,北京政府施行遣返德侨并全面收管德侨财产,但对于清理事宜则相当审慎,并注意维护处置敌产之主权,大量德侨商业资产因此得以保存。巴黎和会后,北京政府利用掌握的德侨商业资产,在中德重订平等新约的谈判中取得了重要的外交成果和可观的经济利益。处置德侨财产的过程是一战时期北京政府外交从趋随列强走向自主行动的重要表现,对战后中国与德国以及其他列强的关系皆产生了深远影响。The treatment of German private properties in China,the sum of which was enormous,constituted an important issue in the Peking Government's foreign affairs during WWI Declaring war on Germany,the Peking Gov-ernment largely adopted a protective policy towards German nationals and their private properties.Its primary aim was to establish the image of a"civilized nation"that obeyed international laws,so as to win the approval of the interna-tional community.Due to the constant pressure of its European Allies,it promulgated increasingly severe regulations regarding German private properties,but still took a passive attitude in practice,which dissatisfied the Allies.As the War ended,the Peking Government,in hope of winning support from the major Allies at the Peace Conference,repatri-ated German nationals and sequestrated their properties in full scale However,it was rather cautious respecting the liquidation of the properties,and consciously defended its sovereignty on the management of them Numerous German commercial properties were thus preserved During the Sino-German negotiation for a new equal treaty after the Paris Peace Conference,the Peking Government took the advantage of the German commercial properties under control.and gained significant diplomatic achievement as well as considerable economic interests.The treatment of German private properties significantly reveals the transformation of Peking Government's diplomacy around WWI,from a Powers-oriented pattern to an independent one,which profoundly influenced the post-war relations between China and Germany as well as other Powers.

关 键 词：一战时期 北京政府 德侨财产 协约国 

分 类 号：D92[政治法律—法学]