公法抑或虚礼:试论曾纪泽的公法观

曾纪泽对公法态度的充满矛盾,由高度推崇到多有保留,其转折点恰是在他准备中俄修约谈判期间。中俄修约期间及其以后,曾纪泽虽同样未曾放弃利用公法维护国家权利的努力,却很少再提及公法对包含中国在内处于劣势的亚洲国家的适用性。究其原因,一是他对公法自身困境的认识;二是他所处时代中国处理周边国家的朝贡体系尚未全面解体,他对包含律法在内的中国文化还持有信心。

On Zeng Jize’s Attitude to International Law

Zeng Jize firstly took a supportive and later a conservative attitude to international law.The turning point is the time when he was preparing Sino-Russian negotiation.During and after the negotiation,he did not give up his effort to maintain China’s rights,but he rarely mentioned international law’s suitability to the disadvantaged countries including China.There are two reasons for this.Firstly,he had a deeper understanding of the limits of international law;secondly,he still had a faith to the Chinese culture.