Research On The Concept "Nation" In Chinese Constitution

The constitutional amendment adopted at the first meeting of the 13 th National People's Congress on March 11,2018,wrote "Implementing the Great Rejuvenation of the Chinese Nation" into the Constitution.This is also the first time that the concept of "Chinese nation" has been written in the Constitution.It can be seen that this time the constitutional amendment has strengthened the emphasis on the concept of a unified nationality.From the current point of view,the nation is a natural concept in the constitutional text.But in fact,the "nation" into the constitution has experienced a tortuous process.Although the concept of nationality has entered China for a long time,the constitutionalists and constitutionalists have always kept cautious towards the "nations" for reasons of national unity and so on,and have never written the nation into the Constitution.Since ancient times,China has had "Min"(people)and "Zu"(ethnic groups),but it has not represented the term "Minzu"(nations)in the modern sense.It is generally believed that this is introduced from Japan.After the introduction of the concept of the nations,the connotation of it becomes rich and complicated.Since Liang Qichao and the constitutionalists deeply felt the national crisis,they preferred to understand the "nation" as a national unity.However,in order to achieve the purpose of overthrowing the Manchu government,the revolutionaries strongly opposed the claim of the constitutionalists,and emphasized the concept of "nation" in the cultural and natural sense.Later,the concept was revised in the sense of “nationality” by Sun Yat-sen and Chiang Kaishek in the deepening of the national crisis.For example,Chiang Kaishek's “clan theory” that emphasizes the subject of a single nation.The Chinese Communist Party's understanding of the concept “nation” is mainly influenced by Marxism-Leninism,which emphases a pluralistic and pluralistic view of the nation,namely,ensuring the unity of the nation based on a clear division of the various natural nations.In the process of the political struggle with the Kuomintang government,the Chinese Communist Party won the final victory,and the nation was written in the Constitution of the Republic of China in 1947 with the recommendations of the Communist Party of China.After the founding of the People's Republic of China,the Chinese Communist Party succeeded in the national theory of the Soviet Union and launched a movement named “identification of the nation” for sorting the nations in China.The final framework of the Constitution formed a "dualistic" view of the nation—— the "nation" in the preface is in the sense of the national unity,while the "nation" in the outline and the body part is in the sense of "ethnic".This framework has a continued affection on the current constitution.Although the identification of nation is conducive to the recognition of the national identity for every nation in China,jet it also buryes the seeds of national contradictions.During the 30 years from the founding of New China to reform and opening up,the state has placed emphasis on political life,and class struggle is the main theme of life.Under this background,the differences of nations are concealed.However,after the reform and opening up,as the economic development became the main line of life,the class was artificially diluted.The inequality of regional economic development and the uneven distribution of interests finally bring the people about nation again,and people emphasize it again.In the face of the injustice brought about by the gradual expansion of economic and cultural differences,the national subjectivity is once again awakened,and differences of nations in China are magnified,which intensifies the contradictions between the ethnic groups.In March 2018,the constitutionalists wrote the concept of "Chinese nation" into the Constitution.Although this concept has long been widely known,due to the complexity of its connotations,constitutionalists have always been wary of its use.This is the first time that this concept has entered the Constitution in the China's centuries-old history of constitution.It can be seen that when the nation is in crisis and difficulty,only by strengthening the "unity" and diluting the "diversity",the nationals can overcome the obstacles and ultimately realize the prosperity of the people's life and the prosperity of the country.This article will use the method of knowledge archaeology to analyze the two related expressions of the above-mentioned nations in the context of constitutional history,namely the "nations" representing the meaning of ethnic groups and the "Chinese nation" which represents the cultural community and the national meaning.At the same time,the ins and outs of writing it into the Constitution are clearly sorted out,in order to have a deeper understanding of the national concept of the Constitution.