| National unity is an integral part of the great rejuvenation of the Chinese nation.The use of "national unity" in the Constitution is not only an important basis for the legal construction of national unity in China,but also an important guarantee for "using law to guarantee national unity"."Using the law to protect national unity" is the embodiment of the strategy of administering the country in accordance with the law in the field of national unity,and has set the tone for the close combination of the strategy of administering the country in accordance with the law and the work of national unity.The existing theoretical research results of national unity are mainly concentrated in ethnology,public management,pedagogy and politics.But "national unity" as an important research area of constitutional science,"national unity" is by no means just an issue of ethnology,public management,pedagogy,and politics.Therefore,implanting and attaching importance to constitutional studies in the study of national unity has become one of the opportunities and challenges for the legal system of national unity.Taking the pulse of “national solidarity” from the perspective of constitutional science,in addition to clarifying the meaning of relevant basic categories,it also has the practical aspect of promoting the attention of the constitutional scholars to the issue of national solidarity in the new era,and is conducive to tapping the potential of the current system and raising it Functions that provide institutional support for legal norms and for the great unity of the Chinese nation and the great rejuvenation of the Chinese nation."National solidarity" concerns the overall situation of national stability and the great rejuvenation of the Chinese nation,and involves all areas of state construction.However,the study of national unity is in a situation where multiple problems overlap,and it is necessary to find an appropriate entry point for analysis from the essence.Through the historical experience,legal experience and cultural foundation of China’s national unity in ancient and modern times and the People’s Republic of China,it provides ideas for the framework construction of the constitutional jurisprudence of national unity.Through the further interpretation and normative analysis of the norms of national unity in the current constitution and laws,the systematic framework of the category of constitutional jurisprudence of national unity is found from the legal norms,and the category system of national unity should be paid attention to is extracted from the historical experience.Finally,combining with the category theory of law,it puts forward the specific system framework of the category of national unity constitutional law,which is the more suitable research approach at present.In ancient times,the ancient times between the size of various ethnic disputes,but the various ethnic exchanges and integration is also a continuous theme.With the continuous promotion of ethnic exchanges and integration,the former estrangement and hostility are gradually transformed into ethnic relations of mutual identification and integration.In order to strengthen their frontier security and social stability,the dynasties in the past dynasties implemented more systems of "national unity" relations.The "harmony","allied oath","seal",and "mutual exchange" have promoted the national unity of the ancient times to a certain extent,and laid the foundation for the great national integration.However,in the ancient times," solidarity" has always existed in the gaps between ethnic divisions and national struggles,and ancient national solidarity has encountered problems of strong mechanics and poor stability.In ancient times,the "national solidarity and legal system" experienced the coexistence of "relative Huaxia debate" to "friendly coexistence and conflict struggle",and through several major national integration and "sworn alliances","harmony","seal","mutual exchange " And other channels to promote exchanges among all ethnic groups.After the Opium War,some changes took place in this trend,and the basic patterns of ethnic relations in a multi-people state were gradually formed,driven by the concepts of "nation-state" and "five-ethnic groups republic." At the same time,in the construction of the legal system of national unity,it is slowly proposed to build national relations of ethnic equality,common development and mutual recognition.Focusing only on this side is not enough to fully reflect the overall pattern of the "ethnic policy" of the Qing Dynasty.In the late Qing Dynasty,the "ethnic segregation" politics that the Qing government was forced to realize brought great challenges to the national security of the Qing Dynasty.Reformists and revolutionaries also believe that "ethnic segregation" politics has diluted the "trust" among ethnic groups and deepened the barriers and fears among ethnic groups.For this reason,the revolutionaries proposed to overthrow the Qing government through the revolution in an attempt to establish a "nation-state." The Revolution of 1911 overthrew the feudal rule of the Qing Dynasty and ended the feudal monarchy of China for more than two thousand years.As a result,China’s "national unity and legal system" has entered a new realm.During the Nanjing Interim Government,constitutional documents such as the "Provisional Law of the Republic of China" proposed "Equality of the People," which is one of the most obvious advances in the "national solidarity legal system" of the Republic of China.The Nanjing Interim Government promulgated some laws and policies in order to promote national unity and ethnic equality,which had far-reaching political significance for the legal system of national unity during the Republic of China.The Beiyang Government and the Nanjing National Government clearly stipulated in the law that "all ethnic groups are equal",but they have not completely eradicated the tumors of ethnic oppression and ethnic separation.After the founding of the Communist Party of China,the construction of "national unity and legality" opened up a new realm.In the revolutionary program,the Chinese Communist Party resolutely advocates that all ethnic groups are equal and opposes ethnic oppression,and advocates that national issues should be determined according to the wishes of the people of all ethnic groups.The constitutional documents,including the Outline of the Chinese Soviet Constitution,the Border Area Policy,and the Principles of the Border Area Constitution directly reflect the importance of ethnic equality and national unity.During this period,the Chinese Communist Party,while leading the national revolutionary struggle,also began to promote the work of establishing national unity,inspiring and promoting the unity of all ethnic groups in the country.After the founding of the People’s Republic of China,the "national solidarity and legal system" has entered a new historical period,and the national relations in the country have undergone a fundamental change.At present,China has formed a legal regulation system with the Constitution as the core and the party regulations,laws and administrative regulations and local regulations as the mainstay.Safeguarding national unity,guaranteeing the equal status of all ethnic groups,and banning any form of exclusive and discriminatory nationalism and ethnic separatism are the basic ideas for the establishment of new China’s national unity and progress.The legal change of national unity calls for the system construction of national unity constantly,and the integration of "national unity" and related concepts into the research category of constitutional law is conducive to the overall development of the rule of law of national unity.The study of national unity constitution has not yet formed its own unique discourse system,so there are misunderstandings in the study of national unity in slogans and slogans.Here,the research on the constitution of the study of ethnic unity should promote the construction of the system of the research on the constitution of the unity of the national unity,so as to improve the theoretical system of the research on the unity of the unity.The construction of the national unity constitutional science research system should be based on "ethnic equality" to build its own cornerstone categories,and "rights-obligations" around the basic categories of national unity constitutional research,based on Chinese national identity,ethnic regional autonomy,and patriotic united front.,The sense of the Chinese nation community,the identity of the Chinese nation,the great unity of the Chinese nation,and the great rejuvenation of the Chinese nation revolve around the general category of constitutional studies on ethnic unity.To construct the category system of the constitutional jurisprudence of national unity and interweave related issues,promote the constitutional scholars to pay attention to the above issues,so as to clear the fog of the constitutional jurisprudence of national unity research,expand the vision of the theoretical research of national unity,and tap the potential of the current system and elevate it into legal norms. |
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