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乾隆五十八年(1793),中西方文明一次巨大的碰撞发生在天津。无论是清政府欲借助西方文明来拯救传统文明,还是东西方文明的必然碰撞,都使天津走向世界并成为了面向西方文明的“桥头堡”。

1793 年8 月11 日,英国马戛尔尼使团抵达天津时绘制的天津图景
A picture of Tianjin drawn by the British Macartney Mission when they arrived in Tianjin on August 11, 1793
In 1793, the great collision between Chinese and Western civilizations occurred in Tianjin.Whether it is the Qing government's desire to use Western civilization to save traditional civilization, or the inevitable collision of Eastern and Western civilization, Tianjin has become the world's “bridgehead” facing Western civilization.(https://www.daowen.com)
天津市和平区的安徽路与青岛道,在英租界时期被称为马开内道。这是为了纪念1793年8月11日马戛尔尼勋爵受英王乔治三世委派,到清王朝为乾隆皇帝祝贺83岁寿辰而在天津大沽口登陆的一段历史,此后便以“马戛尔尼”(时译马开内)命名英租界中的一条道路。
Anhui Road and Qingdao Road in Heping District of Tianjin City were called Macartney Road during the British concession period.This is to commemorate a period of history when Lord Macartney was appointed by King George III of England on August 11, 1793 to congratulate Emperor Qianlong on his 83rd birthday and landed in Dagu Port, Tianjin.“Macartney” was named a road in the British concession.
马戛尔尼使团访华是中英两国间的第一次对话。天津,又是英国使团到达中国后,清政府正式接待的第一站。尽管清王朝对使团所赠礼物,诸如天体运行仪、油画、钟表以及英人的装束、礼节、典籍等都有焕然一新的感觉,但是天朝上国的夜郎自大还是将其视为“域外岛夷”的“藩属小部”。面对西方文明的第一次“貌似拜谒,实为挑战”的出使,清王朝不但闭目塞听,而且还因马戛尔尼拒绝向皇帝行跪拜礼而下令“减其供给,减其礼待”。47年后,鸦片战争在南方诸省展开,清政府最后妥协开放五口通商。不过,“占领天津,控制北京”才是侵略者的目标。随着侵略程度的加深和列强利益需求的扩大,西方文明试图在司法领域改变中国“就地正法”“先斩后奏”的传统制度。“政审合一”“诸法合体”的弊端也让中华民族的有识之士上下求索,并尝试建立新秩序。两者相伴而生,渐至发达。革新思想家严复早在19世纪末就已指出:“夫泰西之所以能无刑讯而情得者,非徒司法折狱之有术,而无情者不得尽其辞也,有辩护之律师,有公听之助理,抵瑕蹈隙,曲证旁搜,盖数听之余……吾国治狱,无此具也。”律师一词,可见已深入人心。在立法还没有出现律师这一概念时,晚清民间已经把精于词讼的状士称呼为律师了。
The Macartney delegation's visit to China is the first dialogue between China and Britain.Tianjin was also the first stop officially received by the Qing government after the British delegation arrived in China.Although the Qing Dynasty gave gifts to the delegation, such as celestial movement instruments, oil paintings,clocks, and British costumes, etiquette, and classics, all had a new feel, but the arrogant Yelang of the heavenly kingdom still regarded them as the “small part of the vassal” of the “outside the island barbarian”.Facing Western civilization's first mission of “looks like a visit, but actually a challenge”, the Qing Dynasty not only closed its eyes and listened to it, but also ordered “reduction of its supply and reduction of its supply” because of Macartney's refusal to bow down to the emperor.47 years later, the Opium War started in the southern provinces, and the Qing government finally compromised and opened up five ports to trade.However,“occupy Tianjin and control Beijing” is the target of the aggressors.With the deepening of the degree of aggression and the expansion of the interests of the powers, Western civilization tried to change China's traditional system of “justifying the law on the spot” and “being cut before playing” in the judicial field.The shortcomings of the “integration of politics and trial” and the “combination of all laws” have also made the Chinese people of insight search up and down and try to establish a new order.The two came together and gradually developed.Innovative thinker Yan Fu pointed out as early as the end of the 19th century: “The reason why western countries cannot extort confessions by torture is not only because of the judicial and prison system, but also because the accused cannot fully defend themselves.I have heard of many cases.However, in China's criminal system, there is no defense link, and the examination is not clear.” The word lawyer is deeply rooted in the hearts of the people.Before the concept of a lawyer appeared in the legislation, the folks in the late Qing Dynasty had already called lawyers who were good at litigation as lawyers.