On the theory of constitutional nationalism and the construction of contemporary China

Abstract: Nationalism is a national community foundation established in the maintenance of the national political, economic and cultural rights, to promote the survival of this nation, political independence and development of philosophical thought, its constitutional development in China have a more contemporary a big impact. Among them, the cultural nationalism and political factors, some of the content to promote constitutional development in China, but ethnic impulsiveness and narrow nationalism, constitutional development in China had a negative impact.

Keywords: constitutional nationalism, the construction of China's constitutional

The rise of nationalism in the 18th and 19th century history through the development of political philosophy as a very important trend in one of history, China has repeatedly appeared nationalist ideologies, such as Sun Yat-sen advocated "Three People's Principles" is the ideas embodied in our modern constitutional state of construction, the nationalist influence, which has positive aspects and negative aspects. To clarify these effects, as our country's future constitutional development direction, this paper to explore the nation the meaning and constitutional doctrine, based on the analysis of the existing constitutional construction of contemporary nationalism impact.

First, the meaning of nationalism

The rise of nationalism in the 18th and 19th century Europe, after centuries of development, which has a wealth of ideas, not all scholars to recognize exactly the same American political scientist Burns that "nationalism, though not new, but contemporary culture is certainly one of the most prominent phenomenon "," Definition of nationalism is generally a kind of national consciousness as the basis of the program or ideal. feeling or consciousness may be based on several factors. a nation can be because of race, language, religion or cultural characteristics of themselves as a nation. " French political scientist Alexander the Nige Sen believes that "nationalism can be used to indicate the establishment of a particular standard in a variety of on and consistent with the sense of belonging to group these criteria include: a specific religion or state church, the state power or of a dynasty of allegiance, the national language and culture or a lifestyle of attachment. "
Western scholars have stressed the pan-nationalism, cultural and psychological characteristics, and their interpretation too much emphasis on the subjective sense of nationalism and the eternal nature of existence, ignoring the political nature of nationalism and class attributes, so that nationalism became a mystery and can not to know things. Therefore, a comprehensive view of the scholars, I believe that nationalism is a national community foundation established in the maintenance of the national political, economic and cultural rights, to promote the survival of this nation, political independence and development of philosophical thought and it From the standpoint of ethnic-based, maintenance of this nation or a national interest groups, it is full recognition of the nation's cultural traditions and values, exclusion, or simply deny the different ethnic and cultural traditions and values.

The idea of ​​nationalism is very rich, including political, economic and cultural aspects. "Pursuit of political nationalism, the establishment of a sovereign state specific goals, so it is a certain division of natural areas and violent tendencies, in all kinds of nationalism, political nationalism is the most destructive kind of economic nationalism, especially in developing countries is 50-60 years in Latin American countries to promote the economic independence as the main content of nationalism, cultural nationalism is the nationalism that stressed the need to maintain and develop their ethnic and cultural factors, it advocates a homogeneous cultural traditions as a link, trying to build national identity and cultural space unit, and thus to consolidate or break down the results of political entities. "

Second, the content of constitutional

In China, visits constitutional government since the late Qing Dynasty began, hundreds of years people have been efforts to this end with. To understand the meaning of constitutional government, we must first clarify the constitutional relationship with the Constitution the Constitution is to achieve the constitutional premise and basis of the Constitution there can be no constitutional government. the existence of a constitutional state, not only depends on the existence of the Constitution, more importantly, look at the process of implementation of the constitution and its related system is in line with constitutional requirements, so the constitution can not be simply equated with the constitutional government.

Constitutional, according to <<New Law Dictionary>> in the interpretation "that is democratic, and feudal autocracy in sharp opposition. Implementation of the constitutional state is not based on the idea of ​​being a minority in power, but to rule in accordance with legal norms." For constitutional understanding of the academic is controversial. South Asia, University of Cambridge researcher Lei Qiaodi Hugh says, is a system of constitutional arrangements and a better political conditions, such as the Declaration of fundamental rights of citizens and democratic electoral system, representative democracy, separation of powers and checks and balances system of multi-party system , bicameralism, federalism, judicial independence, etc. [] Federation of American academic community, said Dr. Xikai Ci, is a set of constitutional rules of self-sufficiency or self-conscious rules of composition, that the Constitution is "law French" constitutional is determined by the ideological and cultural series of special moral point of view, respect for human dignity, life and recognition of equality, freedom and enjoy the right to happiness, must be based on constitutional law, state power and "legitimacy", the government and its actions must be Based on people's "consent" basis. [] Constitutional government has the following characteristics: First, there is the premise of the Constitution, and the second, is the basis of constitutional supremacy, third, to protect individual freedoms and individual rights is the goal, the four, popular sovereignty and representative democracy is the principle, the five , the rule of law (including constitutional review and the elements of due process is, finally, limited government and separation of powers is to protect.

Third, constitutional nationalism in contemporary China, the impact of construction

As a political philosophy, the impact of nationalism on China's long history, especially in the "54" to Sino-Japanese War, nationalist anti-Japanese protests in China has played a good role in promoting in the construction of our contemporary constitutional nationalism will never lose its powerful influence.

(A nationalist construction in contemporary China, the positive impact of the constitutional

1. Nationalism and cultural factors on China's role in promoting constitutional development

In general, cultural nationalism has a strong adhesive force, both can be used to raise the nation's unity and oppose separatist regions and foreign forces to interfere, they can be to stick to the concept of national culture, exclusion of foreign civilization, all the weapons, you can also become lead to the expansion of cultural, ideological output, the power of cultural colonialism. Hence, the existence of cultural nationalism, is conducive to maintaining the diversity of world civilizations, to maintain the basic characteristics of human society, while for all countries and nationalities of exchanges and fuse to form hinder, delay the process of globalization, if the abnormal development, but also seriously affect regional peace and stability.

The constitutional legal system can not be separated, but not the performance of the construction and improvement of the legal system, but mainly to the performance of a culture, way of life a long time, the context of law in China is mainly in the state statutes, that is, according to legal procedures by the legislature to develop a specific embodiment of the will of the subject material living conditions and ultimately decided by the legal norms in general, although the traditional Chinese civilization and the lack of constitutional government, but it does not mean that the historical development of Chinese civilization is not rich tradition of excellent legal culture, there are a lot of Chinese people on self-ordered and civil law in China there is a lot of real social life "living law", that "different from those heard by the courts and other law enforcement agencies, is the dominant method of life itself, Even if it does not have the legal form of propositions. "manifested habits, morals, customs, etc. are widely involved in the specific order of social life and informal rules, is our national spirit, the truth is worked out from generation to generation, although these" living Law "was enacted into law is not, in fact, they are also part of the entire legal order, the judicial practice in contemporary plays an important role, therefore, reinforce our need for attention to China's legal and cultural traditions and the reality of social life, these" living law "From the deep nature of starting their own community, to promote interaction between the two, integration and transformation, the full development of our nationalism, extracted the essence of the nation, its essence, so that the real rule of law in our contemporary open up the road.

2. Nationalism and political factors on China's role in promoting constitutional development

Political nationalism under certain conditions, can produce a huge effort to safeguard national unity, show strong patriotic colors, reflecting the idea of ​​sovereign equality and inviolability of the national sense of dignity, with integrated functionality. It is this tremendous force to safeguard national unity to promote China's internal and external problems when the station a large number of knowledgeable people to seek power in the road, and finally to China embarked on the road to democracy and the rule of law, and elevated to the constitutional construction of the road.

"Mature nationalism is bound to build on the basis of political identity. ... Should have a constitutional democracy, to put everyone into the political system to become the modern sense of the citizens, to create a strong political identity ... ... ... ... on behalf of this nation-state as a whole will to shape

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become. "Nationalists into the political mainstream national identity comes down to a constitutional democracy based on political identity. The individual's sense of belonging to a community depends only on individuals in the community to get in the way of legislation to ensure that the natural rights, especially political rights, and political only national politics.

(B nationalism in contemporary China, the negative impact of constitutional construction

Constitutional nationalism in contemporary China, the negative impact of construction in the following two aspects:

1. Impulsiveness interference with national constitutional construction of China's modernization

With the continuous increase of China's comprehensive national strength, China's nationalism has increased impulsiveness in conflict with Western civilization, the Chinese people continue to feel hostility toward the West and the humiliation imposed on China, which makes it naturally with China weak position in modern history and the history of humiliation linked to enhanced national consciousness and national disgrace pain. economic globalization, China and the West completely antagonistic national sentiment is not good for both sides, the exclusion can only be caused by the blind China tensions with the outside world, more hostile to foreign citizens in China, the Chinese do not like, affect China's economic, political, and cultural development, and similarly, the constitutional process will be severely blocked.

2. Narrow-minded nationalism hurt national sentiment

Narrow-minded nationalism in a country with different external and internal performance from the country outside, narrow-minded nationalism manifested extreme xenophobia and exclusion from the country's internal point of view, narrow-minded nationalism in China mainly Han chauvinism and local nationalism which, especially Han chauvinism threat as the population in our country's dominant Han Chinese, such a national sentiment will lead to unnecessary tension and national minorities identity crisis for a country of diversity and unity in terms of nation-state, not a good thing, it not only greatly hurt the feelings of minorities, but also for the extreme nationalists spread abroad has given succor to anti-absurdity. In recent years, with the strength of China, "China threat theory "In the international market place, this is one example. ultra-nationalist foreign countries is the existence of such a use of our national sentiment, advocated" China threat theory ", which seriously damaged China's international image, and around China countries had a great impact, which is extremely detrimental to our country's constitutional development.

Conclusion

Nationalism and constitutional government, one is a long history of political philosophy, and the second is strongly advocated by contemporary national governance. Building a constitutional state must be to combine globalization and nationalization, the carry forward our vision of globalization national personality. As Shenzong Ling said: "The law is not the center of the development of legislation, not law, nor in judicial judgments, and in society itself," that constitutional development must be based on the society itself. Therefore, China's nationalism should actively involve nationalism constructive advice, find another road to integration must be peace in our national ideology-oriented, rational, open nationalism, rather than expansion, closed, narrow-minded nationalism, to the harmonious development of China's traditional emphasis on culture based on the formation embody Chinese characteristics and sense of national identity and nationalism, so as to contribute to contemporary constitutional construction.

Notes:
Burns. Contemporary political theory [M]. Beijing: Commercial Press, 1990.

罗伯特康奎 Manchester. Last Empire [M]. Shanghai: East China Normal University Press, 1994.

Zhang Jianhua, Li Fengfei. As a global trend of nationalism [J]. World Economics and Politics, 1996, (1.

Chen law, Yonggang. Contemporary nationalism and its future trends [J]. Historical Science, 1998, (6.

Qiao Wei. New Law Dictionary [M]. Jinan: Shandong People's Publishing House, 1985.

Zhang Xian, the letter Chunying. = The ideal of constitutional democracy, political + J. Comparative Law, 1990, (1.

Zhang Xian, the letter Chunying. = The ideal of constitutional democracy, political + J. Comparative Law, 1990, (1.

Wei Ling. Contemporary nationalist perspective [J]. Contemporary World and Socialism, 2002, (4.

Wang Xi root, Liu Cheng. On the path selection rule of law in contemporary China [J]. Central Plains Journal, 2001, (5.

Nai root. Outline History of Western Philosophy [M]. Beijing: China University of Political Science Press, 1997.

Qian Tian. Nationalism, the impact of the rule of law in China [J]. The rule of law and society, 2009, (4.

Wang Yan. Statement on nationalism [EB / OL]. http://www.caogen.com/blog/infor_detail.aspx?ID=60&articlEid=10609.

Qian Tian. Nationalism, the impact of the rule of law in China [J]. The rule of law and society, 2009, (4.

Chen Zongling. Modern Western methods of Science [M]. Beijing: Peking University Press, 1992.

References:

[1] Burns. Contemporary political theory [M]. Beijing: Commercial Press, 1990.

[2] 罗伯特康奎 Manchester. Last Empire [M]. Shanghai: East China Normal University Press, 1994.

[3] Zhang Jianhua, Li Fengfei. As a global trend of nationalism [J]. World Economics and Politics, 1996, (1.

[4] Chen law, Yonggang. Contemporary nationalism and its future trends [J]. Historical Science, 1998, (6.

[5] Qiao Wei. New Law Dictionary [M]. Jinan: Shandong People's Publishing House, 1985.

[6] Zhang Xian, Xin Chunying. = The ideal of constitutional democracy, political + J. Comparative Law, 1990, (1.

[7] Wei Ling. Contemporary nationalist perspective [J]. Contemporary World and Socialism, 2002, (4).

[8] Wang Xi root, Liu Cheng. On the path selection rule of law in contemporary China [J]. Central Plains Journal, 2001, (5.

[9] Nai root. Outline History of Western Philosophy [M]. Beijing: China University of Political Science Press, 1997.

[10] Qian Tian. Nationalism, the impact of the rule of law in China [J]. The rule of law and society, 2009, (4.

[11] Wang Yan. Statement on nationalism [EB / OL]. http://www.caogen.com/blog/infor_detail.aspx?ID=60&articlEId=10609.

[12] Chen Zongling. Modern Western methods of Science [M]. Beijing: Peking University Press, 1992. Links to free download http://eng.hi138.com

Nationalism Papers