文章摘要
汪太贤,袁士杰.论“中华民族”的宪法学意涵及其制度支撑[J].民族学刊,2019,10(6):71-77, 130-132
论“中华民族”的宪法学意涵及其制度支撑
On the Constitutional Implication of “Chinese Nation” and Its Institutional Support
  
DOI:10.3969/j.issn.1674-9391.2019.06.09
中文关键词: 中华民族  宪法概念  中华人民共和国  中国人民  治理体系
英文关键词: the Chinese Nation  the concept of Constitution  the People’s Republic of China  the Chinese People  the governance system
基金项目:
作者单位
汪太贤 西南政法大学 
袁士杰 西南政法大学 
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中文摘要:
      “中华民族”一词入宪,具有极为重要的政治与学理意义。就政治意义而言,“中华民族”入宪,有助于提开中华民族共同体的凝聚力和向心力,有助于最具包容性地扩大爱国统一战线,为维护国家统一提供坚实的宪法基础。就学理意义而言,作为“多元一体格局”的中华民族,在现行宪法中,向上承接着中华人民共和国,向下联系着“全国各民族”乃至于“中国人(民)”。既关系到中华人民共和国作为政治共同体的凝聚,也关系到中华人民共和国的国家治理体系的规范化。因此,“中华民族”入宪,除具有重要的宪法修辞意义之外,更加为宪法学塑造中华人民共和国政治共同体提供了较为便利且恰当的上位概念。对“中华民族”展开分析,既具有丰富的宪法学学理意义,又具有极强的现实实践意义。
英文摘要:
      The insertion of the words “Chinese nation” into the Constitution has extremely important political and academic significance. In terms of political significance, the insertion of the words “Chinese nation” into the Constitution helps to boost the cohesiveness and bringing together of the destiny of the Chinese nation’s community, and it contributes to the expansion of the patriotic united front in a highly inclusive manner. It also provides a solid Constitutional foundation for safeguarding national unity. In terms of academic significance, the concept of the Chinese nation, with its pattern of “diversity in unity”, in the current Constitution, elevates the concept of the People’s Republic of China while reaching down to “all ethnic groups of the nation ” or to every “Chinese individual/ people”. These words relate to the cohesion of the People’s Republic of China as a political community and the standardization of the national system of governance of the People’s Republic of China. Therefore, except for having important Constitutional rhetorical significance, the insertion of the words “Chinese nation” into the Constitution has provided a convenient and appropriate way for Constitutionalism to shape the political community of the People’s Republic of China. An analysis of the concept of the “Chinese nation” yields both a rich theoretical significance for the study of the Constitution as well as a strong practical significance. In terms of the relevant expressions of the “Chinese nation” found in the Constitution, the concept of the “Chinese nation” is presented as an “attribute” of the “great rejuvenation of the Chinese nation”. It seems to be intended to specify the “great rejuvenation”, but in essence, it establishes a substantive Constitutional subject (concept) for the study of China’s Constitution. The insertion of the words “Chinese nation” into the Constitution has not eliminated the essence of the “ethnic groups of the country” as specified in the Constitution, but simply perfects the logical structure of the concepts of “Chinese nation-the People’s Republic of China”, “state establishment-state building”, “Chinese nation-all ethnic groups of the country-citizen”, thereby more properly rationalizing their relationship within the Constitution. The Chinese nation seen as a “pattern of diversity in unity” was first elaborated by Fei Xiaotong. As a political community, the “Chinese nation” is obliged to be a whole complete unity. This political community is a “destined community” consciously condensed by the ethnic groups when encountering foreign invasion within the course of China’s modern history, which is closely related to the core issues of modern China. At the community level, this core issue can be summed up as the problem of “the existence of the community”. First, the issue of “existence” in the sense of community existence corresponds to the construction of the state; second, the “existence” in the sense of community development is linked with the construction of the state; and, third, the “existence” of the community can be perceived as the static existence (being) like a noun, or as a dynamic existence (to do) like a verb. The “nation-state” contains the minimum political unity and generality, embodied centrally in the “unity” of the Chinese nation as stated by Fei Xiaotong. In other words, as long as the nation is the main body in the founding of the state, the nation, or as the main body in the founding of the state, it must have the feature of “unity”. In this sense, the essence of the Chinese nation and the People’s Republic of China is the same. The application of the concept of “Chinese nation” in the Constitutional text focuses on two aspects. First, there is the “national goal” section which is: “Building China into a prosperous, strong, democratic, civilized, harmonious and glorious socialist modernized country, and realizing the great rejuvenation of the Chinese nation”; Second, there is the section about the “United Front” which says: “A broad patriotic united front which covers all socialist laborers, the builders of socialist affairs, patriots who support the reunification of the motherland and are committed to the great rejuvenation of the Chinese nation will keep on going with further development.” In terms of the clause about the “national goal”, this Constitutional amendment has written “the great rejuvenation of the Chinese nation” into the Constitution, and has clarified the goal of the “people of all ethnic groups” being guided by the Constitution. Without the “Chinese nation”, the “great rejuvenation”, will lose its identity. And without the “great rejuvenation”, then the “Chinese nation” will be losing its goal of “struggle”. The “great rejuvenation of the Chinese nation” is not only an important part of the discourse of the CPC in the New Era – i. e. the Chinese dream-but, it also constitutes the common expression of the Chinese people’s commitment to a prosperous, strong, democratic, civilized, harmonious and glorious socialist modern powerful country. In terms of the “United Front” paragraph, this Constitutional amendment has written the words “Great Rejuvenation of the Chinese Nation” into the Constitution, thereby broadening the scope of the “patriotic United Front”, making it more inclusive, and, thus contributing to the great rejuvenation of the Chinese nation more dynamically. Among the many topics within the Constitution, the “people of all ethnic groups”‘ is the one more closely related to the “Chinese nation”, and an important concept for promoting the coordinated development of all ethnic groups in the country is the system of “ethnic regional autonomy”. In addition, another Constitutional subject matter related to the “Chinese nation” is the concept of “citizenship”. In the process of modernizing the national system of governance, formulating the concepts of “citizenship” and “civil rights” are particularly important and crucial. If we investigate the concept of “citizen” as part of the systematic support of the “Chinese nation”, we find that in the process of modernizing the state system of governance, “citizens” play an important role within the “Chinese nation” at the micro level. The main role of the concept of “the people” in the modern state system of governance is the concept of “citizens” in the sense of governance. There is an evolution of the concept of “people-nation-citizen”. The support of the “Chinese nation” in the sense of the “citizen” within the system of governance and the support for the concept of the “Chinese nation” by the system of regional autonomy are mutually compatible. It should be said that the good cooperation between citizen rights and the system of obligation found in the Constitution and the system of ethnic regional autonomy jointly support the implementation of the concept of the “Chinese nation” in the Constitution. In conclusion, the “great rejuvenation of the Chinese nation” is a banner with a high degree of cohesiveness and integration, set up by the CPC, and it is the state’s response to the complex situation at home and abroad in the New Era. The insertion of the concept of “Chinese nation” into the Constitution plays an important role in strengthening national cohesion and promoting the construction of the destiny of the community of the Chinese nation.
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