"For more on the traditional system of governance in China, see: History of State and Law foreign countries . Textbook for universities. Part 1. M., 1996. S. 388-391. Since 1839, the British launched military operations against China, which marked the beginning of the "opium wars". The feudal army could not resist the first-class armed ground forces and fleet of England, and the Qing authorities showed a complete inability to organize the defense of the country. In August 1842, the first unequal treaty in the history of China was signed in Nanjing. This agreement opened for trade, in addition to Guangzhou, four more Chinese ports. The island of Syangan (Hong Kong) went to England. The Qing government also undertook to pay the British a huge indemnity, to liquidate the Chinese trading corporation, which had a monopoly on intermediary trade with foreigners, and to establish a new customs tariff beneficial to England. In 1843, the Treaty of Nanjing was supplemented by a protocol, according to which foreigners were granted the right of extraterritoriality in the settlements they created, where a system of government not subordinated to the Chinese authorities was established, foreign troops and police were kept. The local Chinese authorities in open ports were not only to allow the system of these foreign settlements, but also to allocate land and houses for them for a "fair" rent. Foreigners were completely excluded from the jurisdiction of Chinese courts, consular jurisdiction was established for them. Following England, unequal treaties with China were concluded by the United States and France (1844). An important consequence of the "opium" war was the emergence of a revolutionary situation in the country, the development of which led to a peasant uprising that shook the Qing empire. It was headed by the leaders of the secret anti-Manchu society Baimandi Hui (Society for Worshiping the Supreme Ruler). The head of the society and its ideologist was the village teacher Hong Xiuquan. The society preached equality and fraternity, for the justification of which some ideas of Christianity were used. Hong Xiuquan saw the ultimate goal of the struggle in the creation of "Taiping tian-guo" ("Heavenly Welfare State"), which is why his followers began to be called Taipings. They propagated and put into practice the ideas of egalitarian distribution, which attracted mainly disadvantaged people to the Taiping. But their ranks also included representatives of the merchant bourgeoisie and landlords, attracted by the anti-Manchu orientation of the movement. The uprising developed successfully. In 1851, the rebels captured the Yunan district center and laid the foundations of their statehood here. "Taiping tianguo" was proclaimed, the head of the movement Hong Xiuquan received the title of the heavenly king (tian wang), and five other leaders of the movement began to be called kings (vans). Thus, as in other peasant movements, the Chinese peasants did not go further than establishing a "just" monarchy. The Taipings paid great attention to military affairs and soon created a combat-ready army, distinguished by strict discipline. In March 1853, Taiping troops took Nanjing, the capital of China during the Ming Dynasty, which was proclaimed the capital of a "heavenly state." Shortly after this event, a document called "The Land System of the Heavenly Dynasty" was made public, the meaning of which went beyond its official name - it was practically a program of an anti-feudal peasant revolution. This document provided for the distribution of land on an equalizing basis, the exemption of peasants from rents to landlords, the provision of equal rights for women, up to equal access to public service with men, state maintenance of the disabled, measures to combat corruption, etc. Taiping power on part of the territory of China lasted until 1864. The main reasons for its death, apart from some strategic miscalculations of the Taiping leaders and a split among them, were the intervention of the Western powers and the internal disintegration of the Taiping movement. The Taiping armies have lost their former fighting efficiency, and the Taipings as a whole have lost the broad support of the people. They were defeated under the blows of the combined troops of the Manchu dynasty and the Chinese landlords, supported by the interventionists. Nevertheless, the Taiping uprising was of great historical significance, it was the forerunner of the Chinese bourgeois-democratic revolution, the harbinger of the national liberation struggle. "One Hundred Days of Reforms". The Taiping Rebellion and the Opium Wars shook Qing China. At the same time, there were no significant changes in the state system, with the exception of some transformations in the structure of state bodies. A significant event was the establishment in 1861, after the third "opium" war, of a state body in charge of foreign affairs, called the General Office for Foreign Affairs, which was not an office for foreign affairs in the usual sense of the word. The main officials of the office worked part-time in it, they were, as a rule, incompetent, which made it difficult for representatives of foreign states to negotiate with them. And yet, the appearance in the state structure of a special body for foreign affairs was a milestone, which meant the end of the centuries-old isolation of the country. In 1885, another central department appeared - the admiralty (office for naval affairs). Its organization was preceded by the destruction of the Chinese fleet during the Franco-Chinese war of 1884-1885, which ended with the signing of another unequal treaty and the capture of Annam by the French. However, the funds allocated for the construction of the fleet went mainly to the construction of the summer imperial palace near Beijing, and people destined for service in the fleet were also sent there. China still remained unarmed in the face of foreign aggression. After the suppression of the Taiping uprising, the system of two governors in the provinces (military and civilian) was abolished and local power was concentrated in one hand. In the structure of the provincial administration, committees for the restoration of order that arose in the last period of the struggle against the Taiping movement, consisting of the main provincial officials, namely: the treasurer, judicial officer, salt controller and grain quartermaster, were entrenched. The governors received the right to execute, without prior sanction from above, persons convicted of belonging to secret societies aimed at overthrowing the existing system, and "open rebels and robbers." At the same time, the Manchus, having retained their dominant position, were forced to provide the Chinese feudal lords, who saved the Qing dynasty together with foreigners, with a larger number of government posts. A characteristic feature of the formation of the state apparatus of those times was the expansion of the open sale of posts, the strengthening of the arbitrariness of officials. The sharply intensified expansion of foreign capital into China led to its capture of the most important positions in the economy, to the emergence of a relatively strong and rapidly developing foreign sector in the economy. The country was turning into a semi-colony of Western powers. In the 60-80s. 19th century the first Chinese capitalist enterprises emerge. Initially, these were state-owned or state-private factories, arsenals and workshops, and then private enterprises that also operated under state control. Major officials and landlords became the leading force in the emerging national bourgeoisie. Before the national bourgeoisie, a comprador (intermediary) bourgeoisie was formed in China, acting as a force striving to preserve the anti-people and anti-national Manchu regime. The invasion of the country by foreign capital put an end to the relative isolation of the Chinese countryside and introduced China's agriculture to the world market. The growth of national capitalism, the expansion of economic ties in the country, the emergence of large economic and cultural centers created the conditions for the formation of the Chinese nation, the development of national self-consciousness. The defeat of China in the war with Japan (1895) and especially the imperialist division of the country intensified the activity of patriotic forces. At the end of the XIX century. a group of intellectuals led by the publicist and philosopher Kang Yuwei, who represented the interests of the national bourgeoisie and the bourgeois landowners, had a great influence on its social life. This group advocated the modernization of the country, for the implementation of reforms with the help of the imperial power. Sympathizing with the reformers, Emperor Guangxu appointed members of the group to government posts and, on the basis of a program report prepared by Kang Yuwei, issued 50 rather radical decrees, mostly devoted to economic and educational issues, as well as some issues of the state apparatus. This three-month period in 1898 entered the history of China under the name "one hundred days of reforms." The reforms were not implemented due to a palace coup by Empress Dowager Cixi. Emperor Guang-hsu was arrested, his decrees were canceled, and the reformers were executed. In 1899, China was again shaken by a popular uprising. It was the performance of the rural and urban poor in the ranks of the Ihetuan ("detachments of justice and harmony"), which arose on the basis of a secret society - "a fist in the name of justice and harmony." The uprising was mainly anti-foreign in nature and continued until 1901, being reinforced by representatives of the ruling circles who flirted with a broad popular movement. The siege of the embassy quarter in Beijing by the rebels served as a pretext for the intervention in the internal affairs of China by a number of European powers, tsarist Russia and the United States. In 1900, interventionist troops occupied Beijing. The Qing court capitulated. In 1901, the representative of the Qing signed the so-called "final protocol", according to which the Chinese government undertook to pay huge indemnity to the invading powers and accepted a number of humiliating conditions that secured the final transformation of China into a semi-colony. The shameful conditions of the "final protocol" increased the general hatred of the people for the Manchu dynasty, and in order to blunt it, the Qings were forced to undertake a series of reforms. The first practical step in a series of reforms was the reorganization of the General Chancellery for Foreign Affairs, on the basis of which, shortly after the suppression of the Yihetuan uprising, the Ministry of Foreign Affairs was created on the European model. A number of sinecures were abolished at court and in the provinces. In 1903, instead of the former Ministry of Public Works, the Ministry of Agriculture, Industry and Trade was created, which was tasked with developing statutes regulating the activities of commercial and industrial enterprises, in every possible way promoting the flow of capital into industry and trade. I'm talking. In 1905, the Ministry of Police was created, which was transformed the following year into the Ministry of the Interior (Civil Administration). At the same time, ministries of education, almost communications, finance, army and law are being created (instead of the Ministry of Criminal Punishments). In 1906, the Main Customs Administration was established. The judiciary is separated from the administration. The judicial system was composed by the Supreme Court of Justice, courts higher level, district courts and courts of first instance. At the same time, a prosecutor's office was established. In 1906, a decree was promulgated to carry out preparatory measures for the transition to constitutional government. In this regard, the following year, the Qing established a bureau for drafting and reviewing the constitution, as well as a bureau for legislative reform, which concentrated its efforts on the preparation of codes. On August 1, 1908, a document entitled "The Basic Program of the Constitution" was published. Emphasizing the inviolability of the imperial power, the unlimitedness of its rights in all areas of political life, this document mentioned, at the same time, the forthcoming creation of a representative institution - a parliament, albeit with very limited advisory functions. Chapter 7. Latin America 1. War for the independence and formation of Latin American states Spanish and Portuguese colonial empires in the Americas. A feature of the formation of the colonial systems of Spain and Portugal in America is that this process began at the end of the 15th - beginning of the 16th century, that is, in the Middle Ages. Although the conquest of the "Indies" (as the Spanish colonies were officially called) was regarded as a civilizing mission, as the conversion of pagan Indians to Christianity, it was carried out mainly by military-feudal methods. Where traditional Indian statehood existed, it was destroyed by the conquistadors (among the Maya, Incas, Aztecs, etc.). Land in the colonies was officially declared the property of the crown, but in fact, since the 16th century. it passes into the hands of the colonial conquistadors and the Catholic Church. The encomienda system, a kind of semi-serf, semi-slave labor of the Indians, became widespread. It was legally considered that the Indian communities located in the occupied territories were transferred under the "guardianship" of the encomendero latifundists. Only in the XVIII century. under the influence of the emerging capitalist order, the encomienda was replaced by peonage - debt bondage built on semi-feudal rental relations. The colonial administration in Latin America was historically formed in the course of the very territorial expansion of Spain and Portugal. During the 300 years of Spain's domination in America, the largest and most stable colonial empire at that time was formed with an extremely complex socio-ethnic structure, with a single Catholic faith and with a centralized system of political administration. At the top of this power pyramid stood the Spanish king. In practice, the general management of Spanish policy in the colonies was carried out by the Chamber of Commerce, and then, from 1524, by the Council for Indian Affairs, created under the king, the first specialized central body of the colonial administration in world history. This Council issued colonial laws, appointed senior officials, and was the supreme court of appeal for the colonial courts. supreme power in America itself, viceroys were carried out, who not only represented, but, as it were, personified the Spanish crown. In the colonies themselves, they were accorded all the honors due to the Spanish king himself. By the end of the XVIII century. Four vice-kingdoms were created in Latin America: New Spain (the capital of Mexico City), New Granada (Bogota), Peru (Lima), Rio de la Plata (Buenos Aires). Viceroys commanded the armed forces, issued local laws, led the administration, assigned lands and Indian communities to the Spanish settlers, and controlled the collection of taxes. Their powers were indeed royal, and therefore, even in the official doctrine of Spain, the viceroyalties were considered as being in a federative union with the Spanish kingdom (the kingdoms of León and Castile). In the colonies, which were less important for the Spanish crown, captains general were appointed, who were nominally subordinate to the viceroys, but practically enjoyed administrative independence and received instructions directly from the Council of the Indies. By the end of the XIX century. Captaincy generals were formed in Guatemala, Venezuela, Chile and Cuba. Subsequently, these artificially formed borders between viceroyalties and captaincies general will become the basis of border demarcation for independent Latin American states. An important role in the colonial administration was played by the special judicial and administrative bodies created under the viceroys or captain generals - audiences. In the provinces into which the colonies were divided, administration, courts, and churches were managed by governors, who, in turn, were subordinate to corregidores, senior alcaldes. In the XVIII century. under the Bourbon kings, intendants and subdelegates were appointed to centralize the system of government in the provinces. All senior positions in the colonial administration in Latin America, including viceroys, were filled exclusively by people from among the Spanish feudal nobility, sent to the colony for a limited period (usually 3-6 years). It was believed that the long stay of the Spaniards in the colonies, extramarital affairs lead to "spoilage of the blood." The only link in the colonial administration available to the local nobility from the descendants of Spanish settlers (Creoles), who had already lost their "purity of blood", was city government. Some traditions and forms borrowed from municipal self-government in Spain were preserved here. The wealthy elite was a municipal corporation - cabildo. City administration was carried out by advisers - rehidors and the mayor elected by them. The Catholic Church played a huge role in the colonial administration of Latin America. A papal bull in 1493 gave the Spanish kings the right to patronage the church in the colonies, in particular the right to appoint to church posts. As a result, the church became an organic part of the colonial apparatus, although it used its own specific spiritual means of influencing the population of the colonies. The inquisitorial tribunals severely punished not only for departing from the Catholic faith, but also for expressing seditious political ideas. At the same time, the church was a large landowner, concentrating in its hands one third of the entire arable land of the colonies. The economic power of the church allowed it to enter into conflicts with the colonial administration itself, to claim independence in political life. In Paraguay, for example, the Jesuit order organized a kind of autonomous state, closed to the outside world and to the official authorities, based on the forced labor of Indians in church possessions - reductions. This peculiar political formation of the Jesuits, reminiscent of the Platonic state, lasted almost more than a century. The multi-stage and complex apparatus of colonial administration in Latin America was characterized by monstrous bureaucracy with its inherent inefficiency and corruption. The strictest centralization did not prevent officials of all ranks, from viceroys to city regidors, from enjoying a great remoteness from Spain, from exercising autocracy, carrying out lawmaking, and allowing any lawlessness. By the end of the XVIII century. In connection with the growing contradictions between the metropolis and the colonies, the viceroyalties and captaincy generals turned into a kind of quasi-state, gradually acquiring an independent political existence. Officials in the colonies in relation to the authorities of the metropolis were often guided by the rule: "I obey, but I do not fulfill." The Spanish administration sought to carefully regulate all aspects of the life of the population in the colonies, and developed for them a huge mass of legislative acts. In 1680, the Code of Laws of the Kingdom of India (9 books and 6377 laws) was published - the first official collection of colonial law in history. Colonial legislation consolidated the system of feudal land ownership(encomiendas, haciendas, latifundia) and class division of society. This division manifested itself not only in the provision of typical feudal privileges (titles of nobility) to native Spaniards and Creoles, but also in the establishment of the inferiority of Indians, Negroes and people of mixed origin (mestizos, mulattos). It was also characteristic of colonial law that the Creoles, who constituted the bulk of the feudal nobility in Latin America (hidalgos, caballeros), were still lower in their legal status than those born in Spain. The system of government was similar in Brazil, which was a colony of Portugal. Since the 17th century the colonial administration was headed by the viceroy, under whom the military and tax departments were created. He was in charge of the local administration. But the colonial system in Brazil was less centralized, since the Portuguese crown failed to completely overcome local separatism, based on the feudal rights of the fazendeiros (planters who exploited mainly the labor of Negro slaves). War of Liberation 1810-1826 and the formation of independent states. Despite the dominance of latifundism and numerous prohibitions and restrictions on the part of the metropolitan countries, the shoots of capitalist relations gradually emerged in the colonies. Against this background, in the second half of the XVIII century. in Latin America, a national consciousness awakened - a process accelerated by the revolutionary struggle for US independence. The policy of the metropolitan countries gave rise to discontent among various sections of the working population (Indians, mestizos, mulattos, etc.). But the main opposition to the colonial regime still came from the most influential political force in the colonies - the Creole latifundists, as well as from the growing local bourgeoisie. Because of their special position in the colonial society (wealth, access to education, military and political skills), the Creoles played a leading role in the growing independence movement. Big influence The development of the liberation movement in the Spanish and Portuguese colonies in America was also influenced by the French Revolution of the 18th century. and its constitutional documents, which gave impetus to the uprising of Negro slaves and the proclamation in 1806 of the independent state of Haiti (the former French part of the colony of San Domingo). In 1806, one of the prominent representatives of the liberation movement, the Venezuelan F. Miranda, a participant in the French Revolution, made the first, albeit unsuccessful, attempt to land on the continent itself and begin an armed struggle to overthrow the colonial Spanish regime. The War of Independence in Latin America began shortly after the troops of Emperor Napoleon I invaded Spain and deposed the rightful King Ferdinand VII (of the Bourbon dynasty). Napoleon's brother Joseph was placed on the throne. A favorable environment was created for the action of patriotic forces, since the new Spanish king was perceived in the colonies as a usurper. The colonial apparatus for several years actually lost ties with the mother country. In 1810, anti-Spanish demonstrations began in Caracas, Buenos Aires, Bogota and other cities. The liberation war in the colonies went through two stages (1818-1815 and 1816-1826). By 1815, after the restoration of the power of Ferdinand VII, the Spanish crown managed to re-establish its authority over the entire territory of Latin America, excluding La Plata. To this end, he used the method of concessions and extended the liberal-democratic Constitution of Cadiz of 1812, adopted in Spain, to the colonies, but nevertheless, the main emphasis was placed on the use not of the Spanish constitution, but on military forces. Already at the first stage of the liberation war, government juntas were created, which not only led the movement of patriots, but also became the core of a new emerging statehood. Such talented military leaders and statesmen as S. Bolivar, X. San Martin, X. Artigas and others came to the fore in the juntas. which replaced the old colonial administration. As the war of liberation progressed (mainly in its second stage), government juntas or special constituent congresses proclaimed the independence of individual colonies. As a rule, this happened through the adoption of special declarations of independence. Despite the serious contradictions that existed within the anti-Spanish camp, due to the different interests of the classes and socio-ethnic groups participating in this war, patriotic circles achieved a certain public agreement and the approval of the first national legal documents, which sometimes acted as temporary regulations or statutes. By the end of the liberation war, 10 independent states emerged on the site of the former Spanish and Portuguese colonies: Argentina, Bolivia, Brazil, Great Colombia, Mexico, Paraguay, Peru, the Central American Federation, Chile, Uruguay. Thus, all former Spanish colonies (with the exception of the island possessions - the Spanish part of San Domingo, Cuba and Puerto Rico) became politically independent states. The war for independence in Latin America, acting as an anti-colonial movement, gave a powerful impetus to ethnic integration and the subsequent formation of the nations themselves (Mexican, Argentinean, Venezuelan, etc.) and the corresponding national statehood. The formation of independent states and the fall of the colonial regime also had social consequences, in particular the weakening of the positions of feudal forces, national integration and the creation of more favorable conditions for the development of capitalist relations. Even during the war and in the first years of the existence of new states, the romantically and radically minded patriot leaders who came to power carried out anti-feudal reforms, which, however, did not always have a real social basis. Their implementation was hampered by the low level of political and legal culture of the broad masses of the population. Nevertheless, in most countries the slave trade was banned, slavery was limited or abolished, the poll tax from the Indians, church tithes, etc. were abolished. other feudal monopolies, the rejection of the regulation of production, the approval of unlimited private property, as well as freedom of enterprise and trade. With the abolition of the old administrative apparatus, many feudal-colonial political orders and institutions were undermined: bureaucratic centralization, the outright irresponsibility of officials, the courts of the Inquisition, etc. political and legal institutions known to the colonial era: the election of state bodies, procedural guarantees of the individual (the right to defense, the presumption of innocence, etc.), political and personal rights and freedoms of citizens. However, these transformations, which were carried out to varying degrees in all states, nowhere led to a radical change in the foundations of their socio-economic, and, consequently, legal structure. The working masses (Indian peasants, Negro slaves, urban lower classes, etc.), drawn to one degree or another into freedom movement, were captivated by religious attitudes and traditional ideas about the inviolability of the power of the king, officials and local landowners. They were not ready to eliminate the semi-feudal, semi-slavish way of life and exploitation that had developed in the colonies. Only in a few countries did the anti-feudal demands of the Indian peasants leave their mark on the political program of the radical leaders of the patriotic camp (for example, the movement led by M. Hidalgo and J. M. Morelos in Mexico). But these demands could not be realized due to the determined resistance of the Catholic Church and the Creole reaction. The landed and clerical forces that came to power in the new states were able to retain their main traditional privileges and, above all, huge land latifundia. Bourgeois and raznochintsy elements, too weak, closely connected with church and landowner circles, were not able to independently fight for the implementation of democratic reforms in practice. Even many prominent leaders of the liberation movement (for example, S. Bolivar) showed caution and inconsistency in their approach to solving political and especially social issues. First country constitutions Latin America. Differences in the views and interests of the various forces that made up the patriotic camp caused a sharp political struggle on a number of fundamental issues of organizing the new state power. But in general, in the presence of these serious contradictions, the prevailing belief was that the emerging new state power should have an independent constitutional basis. In this regard, the main political, ideological and legal credo in all the new states of Latin America from the very beginning was constitutionalism. Already in the early documents of Latin American constitutionalism, advanced political and legal ideas and institutions of their time, enshrined in the constitutional practice of Spain, England, the USA and France, were reflected. The first constitutions of the Latin American states, despite the backward socio-economic base of the latter, were greatly influenced by the ideas of republicanism that were advanced for their time. The example of the United States, where the republican system did not prevent a long-term compromise between the planters-slaveowners of the South and the business circles of the North, gave rise to republican sentiments not only among the radical intelligentsia and the masses, whose sympathies during the liberation movement turned out to be on the side of the republic, but also part of the Creole latifundists. The latter hoped to achieve a decisive influence on the composition of state bodies and on politics in the new republics. However, in a number of states, the establishment of the republican system took place in a bitter struggle. For example, the first constitution of Argentina (Constitution of the United Provinces South America), adopted in 1819 by the Constituent Assembly, where the landowners-monarchists occupied strong positions, passed over in silence the question of the form of government. It was only under the Constitution of 1826 that the "republican representative form" was finally established in Argentina.
A social hierarchy developed on the basis of the allotment system. All steps of which were subordinate to the head of state - the emperor or "son of heaven". The head of state was considered as an intermediary between the earth - that is, society and the state and the deified sky. Therefore, the personality of the head of state was also deified. It was forbidden to approach, sit in his presence, look into his eyes, the emperor could build pagodas and other buildings without restrictions, had the exclusive right to wear yellow clothes.
Below the emperor were 9 houses of the aristocracy, which came from the descendants of the "strong houses" and numerous imperial relatives and their descendants. A representative of the highest 2nd rank received from the state an allotment of 10 thousand mu, and a representative of the lower 9th rank 500 mu. The aristocracy legally and illegally increased the size of allotments at the expense of slaves and cattle, as well as by direct seizure.
Below the aristocracy were 9 houses of the state bureaucracy, which had an internal division into 30 categories. A representative of the first highest rank received a state allotment of 1200 mu, and the lowest rank 9 was supposed to be 80 mu.
At the beginning of the 7th century, the practice of passing state examinations for civil officials appeared, and at the end of the 7th century for military officials. Simpler examinations due to the much lower social prestige of the military profession. In subsequent centuries, the system of state examinations was improved, the higher the rank, the more difficult the examination tests became. Starting from rank 5, exams were taken only in the capitals (knowledge by heart of the works of Confucius, the philosophy of Taoism, Buddhism, ancient Chinese history, the ability to write poetry, calligraphy). Officials of the 3 highest ranks had the right to housing built according to original designs (taking into account social status).
"Good people" - free and full, their duty and right is the payment of state tax. This category had the right to take state exams, improve their social status through joining the bureaucracy. 4 categories: scientists, peasants, artisans (sculptors), merchants.
"Low people" - the lower classes, with a limited social status: kehu and slaves. Kehu - semi-free peasants, holders of land from private individuals, worked for half the harvest, carried out unfixed rent, were subjected to any punishment. The growth in the number of kehu is an indicator of the crisis of political centralism; the number reached its highest point during the crisis of the 10th century - 10% of the total number of the peasantry. Slaves were divided into public and private, the slaves were in the peasant economy. At 60, they were given semi-freedom, and at 70, complete freedom.
The political system was introduced state power, which was headed by the imperial government. obeyed the emperor state council, 3 chambers of department. Formally, the imperial power was not limited, but regulated by Confucian norms. In different periods, the state council, political traditions, there was a position of a special official (“persuader”), who was obliged to point out the “son of heaven” to his miscalculations and mistakes.
First Chamber was central and united the imperial services, it included a secretariat and an office that prepared decrees and orders of national and religious significance. This chamber included a complex of services that served the person of the emperor, included the personal guard and the embassy service, which was responsible for receiving foreign guests, and China's foreign trade relations.
Second Chamber Responsible for the main areas of public administration. It included 6 departments, which were divided into two structures, each of which was headed by the chancellor.
The left chancellor was considered the main one, three main departments were subordinate to him: 1 department of ranks, 2 department of rituals, 3 department of finance.
1 department of ranks– movement of officials around the country and movement through the hierarchy.
2 office of rites controlled church institutions and religious behavior of the Chinese, in the 9th-10th centuries this department weakened the economic position of Buddhism without affecting its church-religious activities (confiscation of land property). The state controlled the implementation of Confucian norms by all segments of the population, Confucianism is the basis of state stability.
3 finance department collected taxes and regulated the financial system as a whole.
The right and less significant chancellor was subordinate to the judicial departments, military departments, departments of public works. The military official in the social hierarchy occupied a lower place than the civilian official. Military officials were given a truncated education. The Department of Public Works was engaged in the distribution of the labor force of the peasants, the construction of roads, bridges, office buildings and residences.
Third Chamber censors. She controlled the activities of the 1st and 2nd chambers, fought against corruption and separatism, the activity of this chamber was evaluated by the form: strengthening the trunk and weakening the branches. In a territorially strong respect, China was divided into 10 provinces, which were subdivided into districts, and districts into counties. The boundaries of districts and counties were established by population. During the reign of the Tam Dynasty, there were approximately 358 counties in China, which were divided into 1,500 counties. In addition, there were from 600 to 800 military districts. During the war, the army had to provide for itself (except for weapons, ammunition and military uniforms).
The Chinese feudal state went through periods of centralization and periods of fragmentation in its development, but China always maintained continuity in the structure of the state apparatus. It is characteristic that the conquerors, while establishing their power over China, retained the state apparatus that existed before them, limiting themselves to very minor changes in its structure and the removal of all posts of any importance from the hands of the Chinese.
The central state apparatus of feudal China retained many features characteristic of a slave-owning monarchy. The emperor was the head of state. His power was unusually wide and passed by inheritance to the eldest son. If after the death of the emperor the heir to the throne was a minor, a regency was established.
The personality of the emperor was deified, he was still considered the "Son of Heaven". In the presence of the emperor, even the highest dignitaries, according to etiquette, had to kneel three times and give 9 bows to the earth. But there were also such periods in the history of feudal China when the emperors became a toy in the hands of palace groups fighting among themselves.
The central authorities and administrations were built as follows.
Initially, all the threads of state administration were concentrated in the hands of one person - zaixiang. But in the Tang period (618906), three chambers (sheng) come to the fore, turning into the highest government bodies. The heads of these three chambers jointly managed the affairs of the state. Moreover, a special role belonged to the head of the Chamber of State Affairs. He was in charge of all officials, supervised the work of the state apparatus. He had two assistants at his disposal. Under the Mongols (the Yuan dynasty of the 13th century), the Great Imperial Secretariat became the central administrative body of the empire. However, with the establishment of the Ming dynasty (1368-1644), a certain reorganization was carried out. Power is concentrated in the hands of the emperor, and all appointments to positions come from now on only from him. strengthening central government also contributed to the establishment of the State Council (neige), which seeks to expand its rights. The Manchus built their state apparatus on the same model. All important military and state affairs passed through the State Council, which included the highest dignitaries and academic members of the Hanlin Imperial Academy in the capital. This body prepared imperial decrees, revised laws, and kept the state chronicle. Next to the Council of State, another institution appears - the emperor's own office, which is in charge of the appointment and removal of officials. Its work was supervised by the emperor himself.
In addition, six departments were included in the central state apparatus: ranks, finance, rituals, the military department, the department of punishments and the department of public works. In Ming times, each of the six departments was assigned a special official who reported to the emperor on the affairs of the department and supervised its work. Special departments were created: palace affairs, police service, etc. Mentors, advisers to the emperor and the heir to the throne enjoyed great influence.
Particular attention was paid to the control bodies. In the beginning there was a chamber of censors. Reported directly to the emperor, she monitored the observance of the palace order, controlled the activities of the provincial authorities and metropolitan institutions. In 1382 it was transformed into an imperial inspection. It included many officials, censors, inspectors.
In the early feudal period, local government was built on the basis of the administrative system already known in China. territorial division: region, county, parish and village
The decomposition of the allotment system of land use caused a weakening of centralization. At this time, the powers of regional rulers were expanding, and extensive border governorships were being created. At first, such governors, who were usually appointed to high-ranking officials, were invested only with military power. In the districts and districts under their jurisdiction, the civil administration appointed by the imperial court was retained. However, the influence of military governors grew rapidly. They independently managed in the lands subject to them, appointed officials themselves, levied taxes and taxes, clashed with each other, entered into alliances. Their power, as a rule, was inherited. As their power grows, the military governors begin to oppose the measures of the central government and even rebel against it.
In this regard, the emperors are forced to take measures to strengthen centralization. In the 10th century, a separation of military and civil power was carried out, which led to the weakening of military governors. The next step in this direction was the elimination of the post of military governor. All local officials were now appointed and removed only by the central government. Special officials exercised control over the activities of the local administration and reported the results to the capital. Without their sanction, the orders of local officials were not subject to execution.
The Mongols did not make any fundamental changes in the structure of local government. However, the administrative apparatus was largely withdrawn from the hands of the Chinese, the Mongols reserved all military posts. Administratively, the country was divided into 10 vast regions ("roads"), headed by the Mongols. The Minsk dynasty abolished the posts of regional chiefs. From now on, three commissioners directly subordinate to the court are appointed to the region (province): a government commissioner in charge of civil administration and finance, a judicial commissioner and a military commissioner.
The same administrative division was preserved during the Qing Dynasty. The empire was divided into provinces, districts, counties, parishes.
The grassroots administration of feudal China was built on the basis of a communal organization that retained its self-governing bodies. In the 5th century, associations were created from 5 (neighborhood) and 125 (village) peasant households. The elders, who were at the head of these associations, performed certain administrative functions, were responsible for cultivating the land, sent peasants to serve their labor service, and caught criminals.
Particular attention was paid to community administration during the Mongol rule. The entire rural population was divided into neighboring communities of 50 households each. At the head of such a community was an elected headman. His duties included managing agricultural work, collecting taxes, maintaining order in the community. A similar system was preserved in the future: the village, headed by the headman, was divided into ten-yards, whose members were bound by mutual responsibility.
The Chinese empires included in their composition outlying territories with numerous foreign populations. In the territories forcibly annexed to China, special governorships were created.
The extensive state apparatus of the Chinese monarchies needed a huge mass of various officials. All of them were divided into two categories: civilian and military. In addition, in 220, the system of "ranks of nine ranks" was introduced, adopted by all subsequent dynasties. Officials were divided into 9 ranks, each of which was further subdivided into classes. The division of bureaucracy into ranks and classes was also manifested in Everyday life. Houses, utensils, clothes, etc. had to correspond to the rank. Violators of this regulation were subject to severe punishment.
A specific feature of feudal China was the examination system of selection for public office, the introduction of which dates back to the slaveholding period. Its heyday falls on the XXIII centuries. Examinations for those wishing to become officials were held once every three years in the provinces and in the capital. Of particular importance was attached to the exam, which was taken personally by the emperor. Applicants who successfully passed the exam received degrees.
Thanks to the system of state examinations, the right to attest and nominate officials was concentrated in the hands of emperors and central bodies, which led to the emergence of a special class of shenshi, formed from persons who successfully passed the exams.
Picking system Chinese army was different at different stages of feudal development.
With the introduction of the state allotment system as the basis military organization military service was imposed on the peasantry, who received land allotments for service. The entire territory was divided into military districts, each of which exhibited a certain number of soldiers. Recruitment to the troops was carried out among the local population. Warriors were exempted from land tax and trade tax. Military service was served by men aged 20 to 60 years. In peacetime, soldiers worked in their fields and at the same time underwent military training. Every year they arrived in the capital in order of priority to carry out garrison service, and in case of war, by order of the commander appointed by the emperor, they went on a campaign. With the end of hostilities, the commander returned to the capital, and the soldiers to their villages. There were other military formations at that time: a palace guard was being created, and hired Turkic cavalry appeared.
With the destruction of the allotment system of land use and China's entry into the period of developed feudalism, the system of conscription gives way to a mercenary army. Guard units become the core of the army. They were located in the capital. Local troops consisted of garrisons stationed in the districts, representatives of the conquered tribes were recruited to the border units.
Under the founder of the Ming Dynasty, China's military system underwent another reorganization. The main part of the army were the capital's troops. The whole country was divided into 5 military districts. The head of the district was in charge of the soldiers of military settlements, each of which received a land allotment. The general command of the troops, the appointment of the commander in chief was concentrated in the hands of the emperor.
Under the Manchu Qing Dynasty (XVII century), the armed forces consisted of large military formations of the regular army, the so-called "eight banners". The "Eight Banner Troops" were formed mainly from the Manchus. Their service was hereditary. These troops were placed in a privileged position compared to the "green banner" troops, which consisted of Chinese recruits from the provinces.
In feudal China, there was no clear separation of the court from the administration, although there were purely judicial positions and institutions.
For example, during the reign of the Song (9601-126), there was already a fairly clear division of courts: the county court, the district court, the provincial court, then the capital, and finally the emperor himself. Moreover, in order to centralize the judiciary, local officials were forbidden to consider cases of serious crimes. This right belonged to the center or the emperor.
The Ming and Qing dynasties had a fairly significant judicial apparatus. The central institutions included: the department of punishments, the criminal chamber, the cassation chamber. The supreme judicial power belonged to the emperor. The State Council, central departments, etc., also had judicial functions. Locally there were judicial officials of the provinces, regional, district, county judges. In the villages, land disputes, cases of marriages, grievances were considered by the headman and elders. At the same time, governors, heads of regions, districts, etc. were at the same time judges; various inspectors were often sent from the center with judicial functions. It is characteristic that in the time of the Yuan, cases of the crimes of the Mongols were considered by special courts. In the 17th century, all cases of the Manchus were subject to the jurisdiction of special judicial institutions.
7. 1. Qing Empire
In the 17th century: China was conquered by the Manchu tribes. The imperial Qing dynasty established itself at the head of the country. However, the control system has not changed much.
At the head of the state was the emperor, who had unlimited rights. He was the supreme legislator and high priest, having the right to punish and pardon his subjects, and led the foreign and domestic policy of the state.
Higher government agencies were the Imperial Council and the Military Council. The Imperial Council was created in 1671 from among the Manchu and Chinese dignitaries and was in charge of the most important civil and military affairs. After the creation in 1732 of the Military Council, the decision of the most important issues goes there. Central management was carried out by departments: taxes; ranks, ceremonies, military, "criminal punishments, public works. There was a special inspection body, the Chamber of Censors. Administratively, the country was divided into provinces, which were divided into regions, districts and counties. At the head of each province were military and civil governors who were subordinate to The regions, districts and counties were headed by the respective chiefs.
In the XVIII-XIX centuries. Western powers are beginning to exert powerful pressure on China in order to establish control over domestic markets and natural resources. In 1839, England launched military operations against China, which were called "opium wars". In 1842, in Nanjing, the Chinese government signs the first illegal treaty, which provides extensive privileges to foreigners. Following England, similar treaties were signed with the United States and France.
7. 2. The Taiping Revolution
As a result of the "opium wars", revolutionary traditions began to take shape in China and peasant uprisings began, led by the leaders of a secret anti-Manchu society. In 1851, the rebels captured one of the district centers and proclaimed the creation of the state "Taiping tango" ("Heavenly welfare state"). In 1853, the Taiping troops took Nanjing and proclaimed it their capital. Soon they published a program of reforms, which provided for the distribution of land on a unitary basis, the release of peasants from rent to landowners, the equalization of women and men in rights, the fight against corruption, etc.
However, the troops of the Manchu dynasty, relying on the support of the interventionists, by 1864 were able to suppress the uprising. However, there were no significant changes in the state system. Some changes in the state apparatus and the development of capitalist relations did not change the backward character of the Chinese state.
7.3 "One Hundred Days of Reforms"
The defeat of China in 1895 in the war with Japan and the subsequent imperial division of the country intensified the patriotic movement led by the publicist and philosopher Kang Yuwei. In 1898, Emperor Guangxu, who sympathized with the reformers, issued 50 rather radical decrees based on a program prepared by Kang Youwei and appointed some members of his group to government positions. This three-month period has gone down in history as "one hundred days of reforms." But these reforms were not implemented. Empress Dowager Cixi staged a coup d'état. The Guangxu Emperor was arrested, his decrees rescinded, and the reformers executed; In 1899-1901. In China, the Yihetuan uprising (or "Boxer Rebellion") breaks out. It became a pretext for Western powers and Russia to interfere in China's internal affairs. The interventionist troops forced the Chinese government to conclude extremely unfavorable agreements that turned it into a semi-colony.
Structure central office management (according to legislative codes)
Chamber of Heavenly and Earthly Deities (Jingikan)
Chamber of the Great state council(Daijokan)
Left Revision Office (Sabenkai)
Right Auditing Office (Ubenkan)
Ministry of Central Affairs (Chumusho)
Administration of the Court of the Empress (Tyugusiki)
Left and Right Departments of the Otoneri Guards (Saootoneriryo, Uotoneriryo)
Archival Administration (Zushoryo)
Bureau of Palace Storerooms (Uchi no kura tsukasa)
Sewing Bureau (Nuidoio-io tsukasa)
Astrological Administration (Ommyoryo)
Painting Bureau (Etakumi no Tsukasa)
Pharmacy Bureau (Nayakushi)
Bureau of Court Rituals (Nairaisi)
Ministry of Ceremonies (Shikibusho)
Office of the Capital School Officials (Daigakuryo)
Office of Court Ranks (Sanjiryo)
Ministry of Management (Jibusho)
Music Management (Gagakuryō)
Office of Monks and Foreigners (Genbanryō)
Bureau of the Royal Tombs (Misasagi no Tsukasa)
Funeral Bureau (Sogishi)
Ministry of People's Affairs (Mimbusho)
Accounts Administration (Shukeryo)
Tax Office (Shusairyo)
Ministry of War (Hyobusho)
Cavalry Bureau (Hyomeshi)
Arsenal Bureau (Johyoshi)
Military Music Bureau (Kosuishi)
Ship Records Bureau (Shusenshi)
Falconry Bureau (Shuyoshi)
Ministry of Punishment (Keibusho)
Bureau of Financial Recovery (Joshokushi)
Bureau of Prisons (Shugokushi)
Ministry of the Great Treasury (Okurashō)
Foundry Bureau (Tenjushi)
Varnishing Bureau (Nuribe no Tsukasa)
Tailoring Bureau (Nuhibe no tsukasa)
Weaving Bureau (Oribe no Tsukasa)
Ministry of the Court (Kunaisho)
Palace Table Office (Daizenshiki)
Construction Authority (Mokukuryo)
Food Administration (Oohiryo)
Quartermaster's Office (Shudenryo)
Apothecary Administration (Tenyakure)
Bureau of Imperial Family Affairs (Ookimi no Tsukasa)
Bureau of the Sovereign's Table (Naizenshi)
Blacksmith Bureau (Tanyashi)
Bureau of State Slave Affairs (Yakko no tsukasa)
Bureau of Gardens and Ponds (Sonoike no Tsukasa)
Pottery Bureau (Tsuchitakumi no Tsukasa)
Bureau of Uneme Affairs (Uneme no Tsukasa)
Court Oil Supply Bureau (Abura no Tsukasa)
Housekeeping Office of the Palace (Uchi no kanimori no tsukasa)
Tableware Bureau (Hokosue-o tsukasa)
Palace Dye Bureau (Uchi no somemono no tsukasa)
Chamber of Censors (Danjotai)
Office of the external protection of the palace (Emonfu)
Bureau of Hayato Affairs (Hayato no Tsukasa)
Administration of the Left and Right Palace Guards (Saesifu, Uesifu)
Left and Right Councils of the Palace Guard (Sahyefu, Uhyefu)
Left and Right Management Stables (Sameryo, Umeryo)
Office of the Left and Right Arsenals (Sahyokoryo, Uhyokoryo)
Intra-Palace Arsenal (Naihyogo no Tsukasa)
Left Capital Office (Sakyosiki)
Oriental Market Bureau (Himugashi no Ichi no Tsukasa)
Capital Right Side Office (Ukyoshiki)
Western Market Bureau (Nishi no Ichi no Tsukasa)
Women's Palace (Goku)
Case Management Bureau (Naishi no Tsukasa)
Storage Bureau (Kura no Tsukasa)
Archival Bureau (Fumi no Tsukasa)
Apothecary Bureau (Kusuri no Tsukasa)
Weapon Bureau (Tsuwamono no tsukasa)
Security Bureau (Mikado no Tsukasa)
Quartermaster Bureau (Tonomori no Tsukasa)
Housekeeping Bureau (Kanimori no tsukasa)
Bureau of Water Supply (Mohitori no Tsukasa)
Bureau of the Palace Table (Kashivade no Tsukasa)
Distillery Bureau (Sake no Tsukasa)
Sewing Bureau (Nuhitono no tsukasa)
Office of Affairs of the Palace of the Heir to the Throne (Syungubo)
Bureau of Toneri Guards (Tonerikan)
Bureau of the Heir Apparent (Shuzenken)
Storage Bureau (Shuzoken)
Housekeeping Bureau (Shudenjo)
Archival Office (Shushojo)
Bureau of Water Supply (Shusuijo)
Construction Bureau (Shukujo)
Arsenal Bureau (Shuhyojo)
Stable Bureau (Shumejo)
Four categories of positions
According to the Taihoryo code, all officials, in accordance with their position, were assigned to one of four large categories: "chokan" or "kami", "jikan" or "suke", "haikai" or "jo" and "shuten" or "shroud". The category "chokan" (finished, "senior rank") included all officials who held the highest positions in the relevant institutions, whether it was "chambers" (Jiigikan, Daijokan, Danjotai), ministries (jap. sho), departments (Shibi chudai ), various departments (jap. ryo, shiki, bo), bureau (jap. si, tsukasa, ken, jo) or councils (jap. fu). The category of "jikan" (literally, "following [the chief] ranks") included all deputy heads of the relevant departments, in other words, the closest assistants to the "chiefs". All other assistants to the heads of departments were classified as "cancan". As for "shuten", all petty departmental officials, such as scribes, were assigned to this category.
| Office |
Job title for heads of institutions (chokan, kami) |
Job title for senior assistants (jikan, suk) |
Job title for junior assistants (hankan, jo) |
Job title for small employees (stopin, sakan) |
| Jingikan |
||||
| Daijokan |
daijo-daijin, |
dainagon, |
sa no daiben, |
si, |
| ministries |
daifu, |
daijo, |
dairoku, |
|
| Office |
daisin, |
daizoku, |
||
| Office |
dyin, |
daizoku, |
||
| The Bureau |
sho, |
|||
| Office of Women's Palace Affairs |
||||
| Danjotai |
daichu, |
daisho, |
||
| Sibi tudai |
daihitsu, |
daichu, |
daisho, |
|
| Emonfu, |
current, |
dyne, |
give si, |
|
| Chuefu, |
chujo, |
|||
| Dazaifu |
daigen, |
daiten, |
||
| Kokushi |
syu, |
|||
| Gongxi |
shuto |
Correspondence between rank and position in the local government apparatus (Heian period)
| Prince classes and official ranks |
Tinjufu |
Dazaifu |
Daikoku (large province) |
Jokoku (major province) |
Chukoku (middle province) |
Gukoku (minor province) |
| 3rd and 4th grade |
||||||
| 3rd junior |
||||||
| 5th Senior Upper Stage |
||||||
| 5th junior upper rung |
syu, |
|||||
| 5th junior lower rung |
syu, |
|||||
| 6th senior lower step |
suke, |
syu, |
||||
| 6th junior upper rung |
suke, |
|||||
| 6th junior lower rung |
daihanji |
syu, |
||||
| 7th Senior Upper Stage |
daiten, |
|||||
| 7th senior lower step |
daijo, |
|||||
| 7th junior upper rung |
shojo, |
jo, |
||||
| 7th junior lower rung |
||||||
| 8th Senior Upper Stage |
shoten, |
|||||
| 8th junior upper rung |
||||||
| 8th junior lower rung |
||||||
| Beginning senior lower stage |
||||||
| Upper junior junior |
Ministries and Administrations in Japan of the Nara and Heian Periods
The Central Administration Office in the Nara Period
sekkai seiji)
The central administrative apparatus in the Heian period (system insei)
(trans.)
The text is reproduced according to the publication: Takla-Haymanot at the Copts // Notes of the Eastern Branch of the Imperial Russian Archaeological Society, Volume XVIII. SPb. 1908
Text - Turaev B. 1908
network version - Strori. 2012
OCR - Karaiskender. 2012
design - Voitekhovich A. 2001
ZVORAO. 1973
