Title: Reexamine the Motivation of Legislation on Nationality in the Late Qing
Abstract: This paper discusses the formation and the consequences of the issuing of dual nationalities,the efforts that local governments made to solve these issues and how the legislation on nationality in late Qing offers experiences for contemporary law making related to overseas Chinese. In terms of nationality law in late Qing,most scholarship believes that Qing government made the Da Qing Guo Ji Tiao Li in a rush in order to oppose Java government's intention to force Chinese to join Dutch nationality. In fact,the issue on Chinese nationality in Java only triggered legislation on nationality. The fundamental factor was to solve the conflict on who was in charge of the overseas Chinese with dual nationalities through legislation. In order to solve the nationality conflicts effectively,especially domestic dispute involving overseas Chinese,the local governments in Fujian and Guangdong took the lead in legal practice through developing local norms,standardizing case trials,and actively impelled central government's legislation on the Nationality Act. This research on nationality law should draw on both internal and external perspectives,not only external factor but also the routes and models set by the domestic and local forces.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: article
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