Abstract: It has widely been believed that imperialism forced the Qing government to revise its laws , influenced by the Renewed Treaty of Commerce and Navigation between Britain and China , which prescribed abandoning consular jurisdiction. In this author’s opinion , it was the Qing government that requested the negotiations to abandon consular jurisdiction. Revision of the law in the late Qing was an inevitable choice , and did not embody the will of the imperialism. According to the author , the decision to revise the law was not effected by The Renewed Treaty of Commerce and Navigation between Britain and China , and the article abandoning consular jurisdiction should not be considered a turning point as we have believed in the past.

摘要： 学术界一直认为 ,受《中英续议通商行船条约》关于“弃除领事裁判权”的内容的影响 ,清政府被迫屈从帝国主义的意志而进行了修订律法的活动。本文认为 ,“弃除领事裁判权”是中国提出的谈判要求 ,是近代中国社会变迁的必然选择 ,并不体现帝国主义的意志。清廷的修律决策不是《中英续议通商行船条约》影响的结果。该项条款也不具有以往所认为的那种转折性的地位。