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Research On The Category Of "State" In The Current Constitution Of China

Posted on:2022-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:M L HuangFull Text:PDF
GTID:2556306569463014Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"State" is not only a basic category in the text of constitution,but also a basic category in constitutional jurisprudence.In this paper,by using the methods of normative analysis and value analysis,the category of "state" in China’s current constitutional text is discussed systematically and centrally,and the connotation,expression,basic theory and two dimensions of "state" as a constitutional category are studied.Constitution text,"the People’s Republic of China","China" and "country" and "Chinese nation" is "country" the specific expression,which express the two dimensions "country"-as a political community and as a cultural community,the two dimensions of state is the current state in the constitution in terms of political and cultural aspects of the different faces.As a political community,a country is a community that integrates territory,sovereignty,citizens and state power system,etc.The category of "state" in the current constitutional text mainly appears in the aspect of a country as a political community.The reason is undoubtedly inextricably related to the constitutional function of the category of "state".It is an important political function of the category of "state" to make clear the scope of "we" that the people are the masters of the state and members of the national political community,and to regulate the state power.The former is fundamentally concerned with the relationship between citizen and state and the determination of citizen’s qualifications,while the regulation of state power is the natural extension of the former.Therefore,the category of "country" has the political value of political justice and order for the country.China as a cultural community,namely cultural China,does not refer to a specific dynasty or stage of China,but a China with a common cultural memory and a common spiritual home.Although China,as a cultural community,does not occupy much space in the Constitution and is mainly concentrated in the preamble,it has an important function.A modern state is a political community formed in a specific historical stage,which is generally the product of multi-ethnic convergence.The concept of cultural community involves the issue of cultural identity.The cultural identity of countries in the cultural community is an important basis for the national identity of countries in the political community.The combination of the two is conducive to dealing with the problem of "division" caused by "many" in multi-ethnic countries.Therefore,the category of "country" has the cultural value of unity and patriotism for the country.In the new era of socialism with Chinese characteristics,in-depth exploration of the normative meaning of "state" in the text of the Constitution is of great practical significance for deepening understanding,building consensus,strengthening the protection of civil rights and promoting the modernization of national governance.
Keywords/Search Tags:The constitutional text, State, Political community, Cultural community
PDF Full Text Request
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