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条约关系是国际法主体之间以法律形式表现出来的一种国际关系,具有规范性和质的规定性。其基本构成要素是条约,基本内容是缔约国的权利义务关系,具有特殊的强制性规范。国际法与条约关系联系密切,其相关规范反映出传统国际法的诸多局限,核心在于不承认中国等东方国家享有同等权利。条约关系与外交和战争有着密切关系,体现了它的性质,是晚清国际关系规律和特征的典型反映。晚清中外条约关系反映了西方列强的强权政治,其主体是不平等的。探析晚清中外条约关系的基本理论问题,有助于推进相关研究,深入认识这一关系及中国近代历史。
Treaty relations are the international relations between the main bodies of international law in the form of law. They are normative and qualitative stipulations. Its basic components are the treaties, the basic content is the rights and obligations of the contracting state, with special mandatory norms. The relationship between international law and treaties is closely linked. The relevant norms reflect the many limitations of traditional international law. The core of this is that it does not recognize that other countries in the East enjoy the same rights. The treaty relationship is closely related to diplomacy and war, embodies its nature and is a typical reflection of the laws and characteristics of international relations in the late Qing Dynasty. The treaty relations between China and foreign countries reflected the power politics of Western powers in the late Qing Dynasty, and their subjects were unequal. The analysis of the basic theoretical issues of the treaty relations between China and foreign countries in the late Qing dynasty can help to push forward related researches and get a deeper understanding of this relationship and the modern history of China.