Research On The Legal Guarantee Of Consolidating The Consciousness Of The Chinese Nation’s Community

The proposal of "casting the consciousness of the Chinese nation’s community" is the core essence of General Secretary Xi Jinping’s important exposition on ethnic work,and it is also the fundamental thread of ethnic work in the new era.Specialists of the theoretical and pragmatism have conducted in-depth research on this topic,and have achieved fruitful results.After experiencing the research stage of "what is the consciousness of community of the Chinese nation" and "why to consolidate the sense of community of the Chinese nation",existing research gradually discussed "how to consolidate the sense of community of the Chinese nation".However,how to consolidate the sense of community of the Chinese nation is not only an academic topic that needs theoretical discussion,but also a proposition of the era that needs to be constantly explored at the practical level.In this case,it is necessary to clarify what principles and concepts should be followed,and what feasible methods can be carried out on this important issue at the practical level."Rule of law" is the most fundamental path to consolidate the sense of community of the Chinese nation.The Fourth Plenary Session of the 18 th Central Committee of the CPC has adopted the Decision of the Central Committee of the CPC on Several Major Issues Concerning Comprehensively Promoting the Rule of Law,which provided a direction for the Rule of Law in ethnic work.General Secretary Xi Jinping has put forward important conclusions such as "using the law to ensure ethnic unity" and "Improve the system of laws and regulations for ethnic work" at various important meetings related to ethnic work.At the Central Ethnic Work Conference to be held in 2021,General Secretary Xi Jinping once again emphasized that "the governance of ethnic affairs must be adhered to in accordance with the law".The"Organization Law of Local People’s Congresses and Local People’s Governments at All Levels of the People’s Republic of China" revised in 2022 further establishes"forging a sense of community of the Chinese nation" as the local people’s congresses and people’s governments at all levels above the county level and the people’s governments at all levels.One of the functions and powers exercised by the people’s congress and the people’s government of townships,ethnic townships and towns.It is necessary to note that "the Rule of Law" is not only the basic way of governing the country,but also the most powerful guarantee for strengthening the sense of community of the Chinese nation.Based on this perspective,this paper focuses on the perspective of "ethnic rule of law" and conducts in-depth research on the law guarantee that casts a solid sense of the Chinese national community".At the same time,to consolidate the sense of community of the Chinese nation in the method of the rule of law,we must first clarify the principles it follows and audience it faces.As the core of China’s national rule of law system,the Constitution is the highest legal basis for forging the community consciousness of the Chinese nation.Therefore,the provisions of the Constitution on the ethnic rule of law constitute the principle of strengthening the legal guarantee of the community consciousness of the Chinese nation.Meanwhile,the principles are more to provide a standard for the legal guarantee in theory level.To implement these principles,we must focus on "people in reality"---who build the ultimate carrier of community consciousness of the Chinese nation and the research foundation.Therefore,this paper takes "people" as the research basis of the legal guarantee of the community consciousness of the Chinese nation,and takes "the ethnic group" as the practical content of the rule of law construction of the Chinese nation community,and also takes "the Chinese nation" as the practical goal of the legal construction of the Chinese nation community,so as to establish an analysis framework of "individual-group-overall".However,this analysis framework only provides a possibility for the legal guarantee of the community consciousness of the Chinese nation.To make this possibility into necessity,we must focus on the system construction of the contemporary ethnic rule of law system.On the one hand,we should affirm the achievement of the system,on the other hand,we should analyze its spaces for perfection.Then we can put forward practical countermeasures and constructions under the principles of the Constitution on the rule of law.The author will further explain these in the following three paragraphs.First of all,we need to adhere to the correct value orientation to strengthen the legal guarantee of the Chinese national sense of community.To consolidate the sense of unity of the Chinese nation through the rule of law is the fundamental premise for safeguarding national unity,a concrete strategy to promote national identity,and an important guarantee for realizing national rejuvenation.Based on the analysis framework of "individual-group-whole",we should grasp the value orientation of the legal construction of the Chinese national community from the following three dimensions: the rights and justice of individual citizens;the openness of all ethnic groups;and the great rejuvenation of the Chinese nation.By studying the process of the Party forging the community consciousness of the Chinese nation in a century-old period of great history,it can be seen that,the Party has presented its value by consolidating citizens ethic identity and national identity,promoting the deepening of communication and integration of the Chinese nation,and by promoting the overall construction of the Chinese nation.However,the manifestation of the value must be embodied through the positioning of the function.And meanwhile,it must also be noticed that,if there is a deviation in the value orientation of the ethnic rule of law,the clear positioning of the construction function of the rule of law will be affected.For example,how should we balance the value orientation based on the "protection of minority rights" and the value principle of "all ethnic groups are equal";how should the rights and obligations of individual citizens be realized more just.It should be clearly pointed out that in the new era,with the solid consciousness of the Chinese nation community as the main line,"enhancing commonality" is not only the guidance of principle,but also the value direction.Therefore,the functional orientation and system construction of the legal construction of the Chinese nation community should be practiced closely based on the "commonality".Secondly,it is necessary to grasp the accurate functional positioning to consolidate the legal guarantee of the Chinese nation community consciousness.Only when the law could be able to realize its legal value can it be functional.The value orientation and the manifestation of the value of the construction of law of the Chinese nation community consciousness must be fully realized through the accurate positioning of its functions.Therefore,it is necessary to analyze how to position the function of the rule of law construction of the Chinese national community from two dimensions of ensuring the value realization of the ethnic rule of law and understanding of the current context of ethnic work.By synthesizing the successful experience of the Party in forging the community consciousness of the Chinese nation in its century-old history,it can be found that at the individual level,the function of the legal construction of the Chinese nation community is to confirm the rights and obligations of the citizens of all ethnic groups,and to guide the citizens of all ethnic groups to establish national identity and safeguard their legitimate rights and interests.At the group level,it is reflected in confirming ethnic relations in the new era,educating and guiding all ethnic groups to inherit and carry forward patriotic traditions and maintain ethnic unity.At the overall level,it highlights the recognition of the constitutional status of the Chinese nation,the value pursuit of the overall construction of the Chinese nation and the maintenance of national unity.It should be particularly pointed out that under the function of the confirmation,standardization and maintenance of the rule of law construction of the Chinese national community,the important characterization of the "ethnic habits" of the informal system also needs to be closely focused on the main line of the era to consolidate the community consciousness of the Chinese nation.Its function can be positioned at the harmonious governance of restricting individual behavior,the rules that guide the development of groups,and the governance that generates the rule of civilization of an overall public order and good customs.In the meanwhile,after clarifying the functional positioning of the construction of the rule of law of the Chinese national community,whether its function can be effectively played should be considered based on the current reality of the ethnic rule of law practice,and considered in the "dynamic" institutional construction of the ethnic rule of law system.Thirdly,to consolidate the legal guarantee of the community consciousness of the Chinese nation,we need to fully achieve the institutional effect of the ethnic rule of law.Both the value and the function of the rule of law must be tested in the specific system practice.Under the leadership of the Communist Party of China,China has achieved remarkable results in its ethnic legal construction.The rights of citizens of all ethnic groups have been effectively guaranteed,all ethnic groups have shared the fruits of development,and the overall construction of the Chinese nation has been continuously strengthened.Meanwhile,the current construction of ethnic rule of law has some problems that need to be solved urgently in the dimensions of legal norms,rule of law implementation,supervision,and guarantees.And "commonality" can be found in these problems,that is,the provisions of the Constitution’s principles on the ethnic rule of law have not been well implemented.According to the Constitution’s principle on the ethnic rule of law,these problems can be summarized as: citizens unclear recognition of their citizenship;poor implementation of the assistance mechanism;vague location of the autonomous jurisdiction;and unclear guidelines for ethnic-group interracial communications.To explore the original causes of these restrictive factors,we need to return to the dimension of the ethnic legal system itself.When it comes to the ethnic legal system,there still exist places for us to make progress: the system of legal norms is insufficient,the implementation system of the rule of law needs to be completed,the rule of law supervision system needs to be promoted,and the legal guarantee system needs to be improved.Therefore,in order to implement the value orientation and function of the rule of law construction of the Chinese nation community,it is significant for us to promote the institutional construction of the rule of ethnic rule of law based on the analytical framework of "enhancing commonality",follow the guidance of the basic principles of the Constitution on the ethnic rule of law,based on the real existence of "people" and also based on the analysis framework of "individual-group-overall".To be specific,we should: shape individuals citizenship from the two dimensions of cultivating citizenship and improving preferential measures;maintain the legal identity of various ethnic groups by reasonably analyzing the relationship between the formal system represented by the "ethnic habits" and "customary law",as well as strengthening the study and use of the common language;consolidate the constitutional foundation of the Chinese nation by effectively implementing the basic principles of the Constitution on ethnic rule of law,which are,highlighting the substance of ethnic equality,promoting the effectiveness of state assistance,promoting the temporal spirit of regional autonomy,and maintaining the integrity of diversified protection.