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20世纪初沿海各处的通商口岸和租界内的一些中国人为了享有领事裁判权,纷纷改入外国籍,以致清朝地方官员和外国领事之间不断发生问题。同时,海外华侨的国籍确定问题也迫在眉睫。于是,清政府在地方官员和驻外使节的呼吁下,开始制定国籍条例。由于国籍问题涉及颇广,所以清政府的很多部门参与了编定工作。本文利用台北的中研院近代史研究所档案馆的档案,对《大清国籍条例》制定过程进行考证,具体分析各个部门在国籍条例制定过程中所起的作用以及国籍条例采取血统主义(属人主义)原则的原因。
In the early 20th century, along the coasts of the treaty ports and some Chinese in the concession to enjoy the consular jurisdiction, have changed the foreign nationality, resulting in continuous problems between local officials and foreign consuls in the Qing Dynasty. At the same time, the determination of the nationality of overseas Chinese is imminent. As a result, the Qing government, under the call of local officials and diplomatic envoys, began to make nationality regulations. Because of the wide coverage of nationality issues, many departments of the Qing government participated in the compilation. Based on the archives of the Institute of Modern Chinese History in Taipei, this paper conducts a textual research on the process of formulating the “Regulations on the Nationality of Qing dynasty”. It analyzes in detail the role played by various departments in the formulation of nationality ordinances and the adoption of the doctrine of nationality by adopting the doctrine of nationalism The reason of the principle.