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Theory Of Republic Of Ethnic Factors In The Construction Of National System

Posted on:2014-02-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:L WangFull Text:PDF
GTID:1226330401958618Subject:National Law
Abstract/Summary:PDF Full Text Request
Concerning the historical tradition and national conditions, China is a unified multinational country since ancient time, which is also the summary and convey of the basic principle concluded from the process of the fonnation and development of Chinese nation. For today’s China, the true questions on the idea of unified multinational country are not whether and why we should hold it but rather that how to do it and to construct appropriate state institution to embody it.Found in1912, the Republic of China is the first state to establish democracy republican system in Chinese history. In the early republican period, the factors of "Minzu" were reflected in the process of the construction of state institution in many aspects, which was the institutionalization of the idea of unified multinational country. In laws such as the Temporary Provisional Constitution, the Conditions of Treatment on the Manchu, Mongolian, Hui and Tibetan, the Regulations of Treatment on Mongolian and so on, that frontier minority areas like Mongolia, Tibet, Qinghai were important parts of Chinese territory was particularly emphasized, so did that both the ethnic minority and Han were equal Chinese citizens. Delegates from frontier minority areas participated in the process of the establishment of representative system and the election of national representative organizations in the early republican period, which embodied the ethnic minority’s citizenship and the nature of the Republic of China as a unified multinational country. The factors of "Minzu" also exerted important influence on the choice of the state structural arrangement in the early republican period and made people gradually realize that the unitary system adapted to the Chinese context. As it were, it is a very important historical experience to institutionalize the idea of unified multinational country through embodying factors of "Minzu" in the construction of the state institution in the early republican period. Certainly, there were many shortcomings in this process. It is meaningful to draw historical lessons carefully and to avoid making mistakes in the construction of the state institution in today’s China.It was particularly emphasized that the study of the factors of "Minzu" in the construction of state institution was not stopped at offering historical experience to today’s construction of multinational state institution. The ultimate goal of our devotion on constructing and perfecting multinational state institution and on embodying a unified multinational country was to achieve national prosperity and rejuvenation and people’s well-being and to make Chinese people of all ethnic groups enjoy the opportunity to show their best together, to realize their dreams together and to grow up and make progress with our motherland and times together. Furthermore, our final purpose also included to protect rights of people of all ethnic groups, to offer them assistance in fulfilling essential tasks for their well-being and to finally realize the great revival of the Chinese nation, the greatest Chinese dream of Modern Chinese nationBased on the above words, with the research paradigm of dialectical materialism and historical materialism and the research methods of combination of empirical analysis, document analysis, ethnology and politics, the dissertation studied the embodiment of the factors of "Minzu" in the construction of state institution in the early republican period from three aspects of citizenship, the representative system and the state structural arrangement and deeply analyzed how to consider the factors of "Minzu" and guarantee the state unity through institution design in order to realize the harmonious existence and mutual development of people of all ethnic groups in the process of constructing state institution in the early republican period. Concluding and introspecting the positive and negative historical experience of the construction of multinational state institution in the early republican period was in favor of perfecting today’s state institution, protecting rights of people of all ethnic groups, enhancing the cohesion and solidarity of the Chinese nation and realizing the Chinese dream of the great revival of the Chinese nation,The dissertation was divided into six parts:The introduction illustrated the practical and theoretical importance of the study, defined some basic concepts and the category of the research and then summarized research status on relevant areas like state institution of the Republic of China and constitutional problems, modern ethnic issues, citizenship, the representative system and the state structural arrangement at home and abroad since1912, so as to prove the outstanding academic values of the dissertation.The first chapter studied the basic theories of the construction of a multinational state institution, which is the theoretical foundation of the whole study. It was pointed out that the citizenship, the representative system and the state structural arrangement were greatly influenced by the factors of "Minzu" in the construction of state institution through analysis. The relationship between the three systems and the relevant questions like the right protection of ethnic minority in a multinational country and national identity was respectively discussed in theory, which laid the theoretical basis of the whole discourse.The second chapter studied the legal status of ethnic minority in the early republican period. There was consensus among people of all the ethnic groups that we together established a republican state after1911Revolution. In order to embody the citizenship of ethnic minority, on the one hand, it was stipulated in the Temporary Provisional Constitution, the national fundamental law, on the other hand, it was guaranteed in some laws and decrees like The Conditions of Treatment on the Manchu, Mongolian, Hui and Tibetan and the Regulations of Treatment on Mongolian so as to embody the nature of a unified multinational state of ChinaThe third chapter studied the system safeguard of ethnic minority’s rights to participate in public affairs in early republican period. It discussed the ethnic minority’s participation in the national representative institutions in details. Both the Advisory Council in late Qing and the Provisional Senate in the early republican period were the attempt before formally implementing the representative institution in Modern China. The First Congress was the first formal national representative institution in Chinese history. The ethnic minority participated in the above three institutions. In the election of the First Congress, there was legal adaption for minority areas in order to guarantee the formation of councilors from minority areas, which embodied the citizenship of ethnic minority.The fourth chapter discussed the factors of "Minzu" in the choice of the state structural arrangement in the early republican period. It analyzed the thought evolution of the state structural arrangement in late Qing and early republic period and the choice of the state structural arrangement in the early republican period, summarized and studied the relationship between central and ethnic regions. Then it was pointed out that the factors of "Minzu" exerted important influence on the choice of the state structural arrangement and handling the relationship between central and ethnic regions in the early republican period.The fifth chapter concluded the lessons and experience of the embodiment of the factors of "Minzu" in the construction of the multinational state institution in the early republican period. Through the historical introspection, it was enlightened that the thought of "unified multinational country" needs constitutionalization. Meanwhile, the construction of multinational state institution needed carrying out rule of law and the thought of "harmony in diversity" and "people-oriented" should be embodied in the construction of multinational state institution in the hope of offering historical experience to today’s construction of unified multinational state institution.
Keywords/Search Tags:The Early Republican Period, Democracy and Republic, State Institution, Factors of "Minzu"
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