On The Confirmation Of Minority Citizenship And The Guarantee Of Political Participation In The Late Qing Dynasty And Early Republic Of Chin

From the late Qing Dynasty,China started the top-down constitutional reform.The establishment of the Republic of China made the country to initially establish a democratic republic regime.According to the requirement of implementing a democratic constitutional government system,on the one hand,the state power has been transformed from the control of the minority to the common ownership of all the people.The identity of the subject under the traditional imperial system has become a citizenship under the constitutional democratic constitutional system.Citizens should enjoy all of the rights under the provisions of the Constitution;On the other hand,in this historical period of transition,the primary task of the country is to establish various systems for guaranteeing citizens' rights to participate in state affairs so as to reflect the identity and status of citizens as the masters of their country.Therefore,the main task at that time was to confirm the citizenship of all members of society through the constitution and to guarantee citizens' right to participate in politics through the establishment of a democratic system.This seems to be two problems,but the two are inseparable.First of all,the identification of citizenship is a necessary condition for citizens to exercise their power of political participation.Secondly,citizens can effectively protect other rights only by effectively exercising their right to participate in state affairs.Otherwise,the confirmation of citizenship is an empty talk and has no practical significance.As a multi-ethnic state,China has always had numerous ethnic groups from history to the present.In the "Chinese nation" family,the Han as a majority of the ethnic groups has developed rapidly in political,economic and cultural fields,while other ethnic groups have not only a small population,but also lags behind their political,economic and cultural development.Because of the differences and diversity of Chinese ethnic groups,Chinese ethnic groups have to fully consider the special problems due to "nation factors" in the confirmation of citizenship and the guarantee of citizen's right to participate in politics.For example,judging from the situation in the early Republic of China,we must consider how to deal with the Manchu minority after the overthrow of Manchu aristocracy and also how to absorb the power of the Mongolian,Tibetan,and Hui and other ethnic minorities in building democratic republic.In the modern transformation of the state,all the ethnic groups in China deserve to be granted citizenship.However,at the time,the issue of whether or not establish a nation-state or a multi-nation-state;whether or not confer the citizenship on certain ethnic groups triggered intense controversy which has emerged that rejects even the claims of denying citizenship of ethnic minorities.For another example,in the early republican years,it was undoubtedly a top priority to establish a representative democracy through an electoral system to protect the political participation of citizens.To this end,the founding of the Republic of China started to formulate and adopt relevant laws to protect citizens' right to participate in politics.However,due to the objective difference between ethnic minorities and the Han nationality,how to confirm and guarantee their equal right to political participation according to the specific conditions of various ethnic groups in the process of building a representative democracy in the country?If they directly apply the Western election system which treats all citizens without discrimination,it's afraid that political participation of ethnic minority citizens could not be fully realized.At the late Qing Dynasty and the early Republic of China,these problems were probed and practiced usefully.Through the study of these problems,this paper hopes to illustrate the importance of the clear understanding of the multi-ethnic national conditions in absorbing and using foreign theories and systems during the period of historical transition.At the same time,it expounds the necessity and legitimacy of organic integration of the general guarantee and special Guarantee of the civic rights aroused by the nation conditions of multi-ethnic.This article argues that the study of the above issues is still of practical significance to the construction of a country under the rule of law in our country today.Although historical development has no longer occurred in the circumstances as the late Qing dynasty and early Republic of China in the early years which excluded or denied the citizenship of ethnic minorities,in terms of theory,there was a tendency of neglecting ethnic minorities and emphasizing the negative propensity of national assimilation.This is similar to the mistake made in the practice of the late Qing Dynasty and the early Republic,namely,the unclear understanding of the national conditions of our multi-ethnic group,which is quite unfavorable to the current state that needs to establish and improve relevant legal systems in the period of historical transformation.In reality,many ethnic minority citizens still have a certain gap with the Han in realizing the citizenship conferred by the Constitution and the law.This is also an important issue that needs further coordination and handling in our country's civil rights protection nowadays.It is necessary for us to draw lessons from history.Except the "Introduction" and"Conclusion",the main body is divided into five parts to study the issues above:The Introduction clarifies the significance of this paper and the meaning of the topic,and defines several critical concepts in the title of the article,and pinpoints the research scope of this paper.Next,the paper combs the research on the related issues of the civil rights theory,nationalism,constitutional aspects,etc.from the domestic and foreign scholars,and then clears the focus of this study and innovation.The first chapter as the first part mainly studies the relevant questions involving the theory of the confirmation and guarantee of citizenship.It focuses on the following three aspects of the problem.Firstly,to analyze the modern state system construction and the minority citizenship relationship problems from the perspective of what ought to be.Analyzing from the relationship between minority rights of citizenship and democracy,republic and constitutionalism respectively,this paper deems that the purpose of the construction of modern state is to identify and protect civil rights.Under the general construction mode of democracy,republicanism and constitutionalism,full attention of the citizenship of ethnic minorities must be paid.The second is to explore the issue of citizenship in multi-ethnic countries.This paper compares the nation state with the multi-ethnic countries starting with the differences between the nation and the state,and analyzes the main problems in the recognition and guarantee of the civil rights of the western nation countries,and then analyzes the important issue of the protection of the citizenship of the ethnic minorities in the multi-ethnic countries.Thirdly,it explores the particularity of the problem of confirming and guaranteeing citizenship in the period of historical transformation and makes a comparative study on the civil reign of western history and China's historical transition.In the second chapter,the historical background of the issue of citizenship in the late Qing Dynasty and the early Republic of China and the main problems in the civil rights protection were expounded.First of all,it presents the reform of the constitutional government in the late Qing Dynasty and the establishment of the constitutional system in the early Republic of China.It is one of the most important problems to confirm and guarantee the issue of citizenship in the presentation of the period of the historical transition.Then,it analyzes the causes of the citizenship problem in this period,and points out that the issue of citizenship in this period is mainly the recognition of citizenship and the protection of political power.The third chapter mainly studies the confirmation of citizenship of ethnic minorities in the late Qing Dynasty and early Republic of China.It focuses on three issues.The first one explores how the consciousness of "Chinese nation" arises in a long multi-ethnic historical tradition of China and the important role the consciousness played in solving the disputation of confirming the Minority citizenship.The second one discusses that why to put the particular question of identification of the minority groups in the citizenship status by law in the early Republic of China.The third one investigates the practice of confirming the citizenship of ethnic minorities in the early Republic of China.In this paper,through the study of these three aspects,it is clear that the "Chinese nation" as a unity,of which the internal is not homogeneous but different,and the citizenship entitled by ethnic minorities should be based on the establishment of general security system and a variety of specific safeguards on practical problems.The fourth chapter mainly studies the guarantee of the minority nationality's political power in the early Republic of China.First of all,it sorts out that the focus on the protection of citizenship at that time is the protection of the political power.And then this part gave a case analysis of the various problems of the protection of political rights of the Manchu,Mongolian,Tibetan,Hui and other ethnic minorities.The fifth chapter summarizes the experiences and lessons of the theory and the practice of confirming and guaranteeing the citizenship of ethnic minorities in the late Qing Dynasty and the early Republic of China.Through the reflection of history,this paper illustrates that the importance of understanding the national conditions of China in the period of historical transformation properly.At the same time,in the introduction of western advanced political civilization theory,we should not copy the actual situation in China.On the issue of the guarantee of citizenship of minority ethnic groups in the construction of rule of Law in China today,this paper argues that,firstly,we need to establish a thorough constitutional system with Chinese characteristics to protect the citizenship of ethnic minorities.Secondly,the path of the construction of China's constitutional system is not only a pattern of intellectually design,but also the continuous exploration and solution to the practical problems.The conclusion part mainly indicates that the research on the protection of the rights of minority ethnic groups is of great significance,and there are still many aspects worthy of further study and summary.On the one hand,for a long time in the present and future,minority citizenship is an important part of the system of citizenship,and its development and improvement is an important political task.On the other hand,the unity through building a socialist legal system with Chinese characteristics should be focused on,meanwhile,the full consideration of the diversity and the legal adjustment of multifarious social problems should be taken.