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清朝前期涉外法的渊源,既有皇帝谕旨和成文法典,又有判例成案和习惯惯例,还有与周边国家签订的双边条约。这些法律渊源有层次、范围和效力的差别。与前代相比,清朝前期涉外法的渊源有三大变化:一是大量地方性法规的制定;二是典型判例“乾隆九年定例”的出现;三是多个双边条约的制定。这些都是明代以前涉外法律所没有的。
The origins of foreign law in the early years of the Qing Dynasty included imperial edict and written code, as well as precedent cases and customary practices, as well as bilateral treaties with neighboring countries. These legal sources have different levels, scope and effectiveness. Compared with its predecessors, there were three major changes in the origins of foreign-related law in the early Qing Dynasty: first, the formulation of a large number of local laws and regulations; second, the typical precedent; the advent of the “Nine-year Mandate of Qianlong”; and the third was the formulation of a number of bilateral treaties. These are the foreigners did not exist before the law.