清朝非省边疆地区法治建设与臣民（国民）意识整合
发布时间：2018-11-24 18:04
【摘要】：本文选取清朝非省边疆地区的法治建设作为研究对象,主要考察的问题是：清朝作为中国历史上统一的多民族国家,在“大一统”的治国理念下是如何以法治为手段并利用其功能,对非省边疆地区多元族群构成的臣民(国民)共同体进行意识整合并使其产生国家认同的。全文对该问题的讨论主要包括以下四个部分：第一,清朝为了达到整合臣民(国民)意识、弥合族群差异的目的,有意识地对非省边疆地区的法治内容、体系、精神进行建构,并随着臣民(国民)意识整合的进程发展呈现出三个阶段的特点。第二,清朝继承并发展了历代封建王朝“大一统”的国家观,中外一体、华夷一家的认知为臣民(国民)意识整合奠定了思想基础；非省边疆地区政治制度、社会结构和法治的“一体化”构建不仅突破了族群认同的局限,还为臣民(国民)共同体的塑造和统一多民族国家的认同创造了客观的社会环境并提供了制度上的保障。第三,臣民(国民)意识整合的目的是实现身份认同,这是国家和臣民(国民)之间的一个动态的双向认可过程。清朝非省边疆地区法治建设呈现出来的阶段性特征,不但体现了国家对臣民(国民)共同体意识整合的强制力,而且还客观地记录了臣民(国民)实现身份认同的意识发展及转变过程。第四,清朝处在统一多民族中国从封建王朝向近代主权国家的转型时期,中华大地上的多元族群经历了几千年漫长岁月的沉淀和整合,才最终在清朝统治下实现了从族群(民族)认同到对统一多民族国家的认同。清朝“仍合满、汉、蒙、回、藏五族完全领土,为一大中华民国”的最后宣言,为近代统一多民族中国的疆域和“中华民族”(国族)的形成奠定了基础。在西方“民族国家”思想的冲击下,“中华民族”非但没有解体反而以统一整体的形式予以回应,彰显了统一多民族国家内部的凝聚力。
[Abstract]:This paper chooses the construction of the rule of law in the non-provincial frontier areas of Qing Dynasty as the research object. The main problems are: the Qing Dynasty is a unified multi-ethnic country in the history of China. How to use the rule of law as a means and make use of its function to integrate the subjects (national) community made up of multiple ethnic groups in non-provincial frontier areas under the concept of "unifying" and make it produce national identity. This paper mainly includes four parts: first, the Qing Dynasty consciously constructed the content, system and spirit of the rule of law in non-provincial frontier areas in order to achieve the purpose of integrating the consciousness of subjects (people) and bridging the ethnic differences. And along with the subject (national) consciousness integration process development presents three stages characteristic. Second, the Qing Dynasty inherited and developed the "great unification" of the feudal dynasties of the past dynasties. The cognition of the Huayi family laid the ideological foundation for the integration of the subjects'(national) consciousness. The "integration" of political system, social structure and rule of law in non-provincial frontier areas not only broke through the limitations of ethnic identity, It also creates an objective social environment and provides institutional protection for the shaping of the subjects (national) community and the unification of the identity of the multinational country. Thirdly, the purpose of subject (national) consciousness integration is to realize identity, which is a dynamic two-way recognition process between state and subjects (nationals). The stage characteristics of the rule of law construction in the non-provincial frontier areas of Qing Dynasty not only reflected the coercive power of the state to integrate the consciousness of the subjects (national) community. Moreover, it objectively records the process of the development and transformation of the subjects' consciousness of realizing identity. Fourth, the Qing Dynasty was in a period of transition from a feudal dynasty to a modern sovereign state, and the diverse ethnic groups in the land of China had experienced the precipitation and integration for thousands of years. Finally, under the rule of Qing Dynasty, the identity of ethnic group (ethnic group) to the unity of multinational country was realized. The final declaration of the Qing Dynasty, "still full, Han, Mongolian, Hui, Tibet and five ethnic groups are the Republic of China", laid the foundation for the formation of the territory of modern China and the formation of "Chinese nation". Under the impact of the thought of "nation-state" in the West, the "Chinese nation" not only did not disintegrate, but responded in the form of a unified whole, showing the cohesion within the unified multi-ethnic state.
【学位授予单位】：云南大学
【学位级别】：博士
【学位授予年份】：2016
【分类号】：K249
，
本文编号：2354530
[Abstract]:This paper chooses the construction of the rule of law in the non-provincial frontier areas of Qing Dynasty as the research object. The main problems are: the Qing Dynasty is a unified multi-ethnic country in the history of China. How to use the rule of law as a means and make use of its function to integrate the subjects (national) community made up of multiple ethnic groups in non-provincial frontier areas under the concept of "unifying" and make it produce national identity. This paper mainly includes four parts: first, the Qing Dynasty consciously constructed the content, system and spirit of the rule of law in non-provincial frontier areas in order to achieve the purpose of integrating the consciousness of subjects (people) and bridging the ethnic differences. And along with the subject (national) consciousness integration process development presents three stages characteristic. Second, the Qing Dynasty inherited and developed the "great unification" of the feudal dynasties of the past dynasties. The cognition of the Huayi family laid the ideological foundation for the integration of the subjects'(national) consciousness. The "integration" of political system, social structure and rule of law in non-provincial frontier areas not only broke through the limitations of ethnic identity, It also creates an objective social environment and provides institutional protection for the shaping of the subjects (national) community and the unification of the identity of the multinational country. Thirdly, the purpose of subject (national) consciousness integration is to realize identity, which is a dynamic two-way recognition process between state and subjects (nationals). The stage characteristics of the rule of law construction in the non-provincial frontier areas of Qing Dynasty not only reflected the coercive power of the state to integrate the consciousness of the subjects (national) community. Moreover, it objectively records the process of the development and transformation of the subjects' consciousness of realizing identity. Fourth, the Qing Dynasty was in a period of transition from a feudal dynasty to a modern sovereign state, and the diverse ethnic groups in the land of China had experienced the precipitation and integration for thousands of years. Finally, under the rule of Qing Dynasty, the identity of ethnic group (ethnic group) to the unity of multinational country was realized. The final declaration of the Qing Dynasty, "still full, Han, Mongolian, Hui, Tibet and five ethnic groups are the Republic of China", laid the foundation for the formation of the territory of modern China and the formation of "Chinese nation". Under the impact of the thought of "nation-state" in the West, the "Chinese nation" not only did not disintegrate, but responded in the form of a unified whole, showing the cohesion within the unified multi-ethnic state.
【学位授予单位】：云南大学
【学位级别】：博士
【学位授予年份】：2016
【分类号】：K249
，
本文编号：2354530
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