Origins of China's Private International Law with Shu Without Dao --- <i>from Tang Lv Shu Yi to Application Law (653-1918)</i>

The foreign-related legal system existed in Chinese historical archives does not have the same meaning as the private international law in the mid-19th century. The legal thought of the former is <i>Tian Xia</i>, the latter is the modern nation, the former’s basis is Zong Fan and tribute system, while the latter’s basis is the treaty. Starting from <i>Tang Lv Shu Yi • Ming Li Lv</i>, although hua wai had been inherited by <i>Song Xing Tong</i>, <i>Da Ming Lv</i> and <i>Da Qing Lv</i>, it did not indicate as foreigners. Within China's traditional feudal diplomatic relationship and the hierarchy system, it was impossible to evolve private international law on its own strength and local resources. The 220-year maritime ban not only suppressed the first sprouts of capitalism during the Ming Dynasty but also lost the opportunity to become a powerful maritime country. Just as powerful European countries were beginning an era of global colonial expansion, China locked itself up tightly. The helpless and forced acceptance of international law came from the disastrous defeat in the two Opium Wars, China was swept into the second globalization. The Qing Dynasty and the bureaucratic group had to use these terminologies to express their demands. When the Westernization Movement was coming to an end, John Fryer’s<i> Ge Guo Jiao She Bian Fa Lun</i> became China's first representative one on private international law and entered the first peak driven by the freedom of business and encouragement of foreign investment of the Republic of China. The first Nationality Law, Application Law, Measures for the Decisions on Litigation between Chinese and Foreigners and Regulations for the Jurisdiction over Aliens were the representatives works in private international law in the 20th century, but its insufficiency of localized resources would be trapped with dilemma.