새로운 결사･집회의 출현과 淸 정부의 대응 — 1908년 「結社集會律」의 제정과 적용을 중심으로 — (The emergence of new organizations and the response of the Qing government – Focusing on the enactment of the “Law of Assembly and Association” in 1908 and its application –)

서지정보

· 발행기관 : 중국근현대사학회
· 수록지 정보 : 중국근현대사연구 / 93호 / 85 ~ 114페이지
· 저자명 : 조병식

초록

This paper analyzes the Qing government's response to the new non-governmental organizations in the late 19th century and early 20th century, focusing on the “law of Assembly and Association” established in 1908 and its application. Since the emergence of the new organization around the time of the Hundred Day’s Reform in 1898, it had expanded rapidly with the promotion of the New Policy. The initial activities of the organizations focused on public enlightenment and social reform, but a series of political incidents occurred in the early 20th century made their activities expand to the political domain. In addition, as the Qing emperor declared the preparation for establishing constitutional government in 1906, it led to an increase the number of organizations actively advocating political demands. Feeling burdened by this situation, the Qing government decided to adopt the way focusing on follow-up management by law instead of the existing ex ante party ban. As a result, the Law of Assembly and Association(LAA) was enacted in 1908. By the enactment of the LAA, with the exception of secret societies, all of the non-governmental organizations were legalized. However, the LAA stipulated the intervention of the state authorities in the establishment and operation of organizations, with especially focus on political organizations and their activities.
In the process of actually applying the LAA, the characteristics of follow-up management become clear. The Ministry of Civil Affairs(MCA), which was the enforcement body of the LAA, relaxed the application of the LAA to organizations with academic and social purposes. But to organizations advocating political activities, the MCA tried to reduce their scope of activities through strict legal application. In short, the LAA allowed freedom of assembly and association in principle, but by distinguishing the application according to the characteristics of the organizations, actually, it aimed at assembly and association under the initiative of the government.

영어초록

This paper analyzes the Qing government's response to the new non-governmental organizations in the late 19th century and early 20th century, focusing on the “law of Assembly and Association” established in 1908 and its application. Since the emergence of the new organization around the time of the Hundred Day’s Reform in 1898, it had expanded rapidly with the promotion of the New Policy. The initial activities of the organizations focused on public enlightenment and social reform, but a series of political incidents occurred in the early 20th century made their activities expand to the political domain. In addition, as the Qing emperor declared the preparation for establishing constitutional government in 1906, it led to an increase the number of organizations actively advocating political demands. Feeling burdened by this situation, the Qing government decided to adopt the way focusing on follow-up management by law instead of the existing ex ante party ban. As a result, the Law of Assembly and Association(LAA) was enacted in 1908. By the enactment of the LAA, with the exception of secret societies, all of the non-governmental organizations were legalized. However, the LAA stipulated the intervention of the state authorities in the establishment and operation of organizations, with especially focus on political organizations and their activities.
In the process of actually applying the LAA, the characteristics of follow-up management become clear. The Ministry of Civil Affairs(MCA), which was the enforcement body of the LAA, relaxed the application of the LAA to organizations with academic and social purposes. But to organizations advocating political activities, the MCA tried to reduce their scope of activities through strict legal application. In short, the LAA allowed freedom of assembly and association in principle, but by distinguishing the application according to the characteristics of the organizations, actually, it aimed at assembly and association under the initiative of the government.

참고자료

· 없음