| 英文摘要 |
The modern concept of the state understands the state as an autonomous political sphere that possesses the supreme authority to govern its people within a defined territory. This concept, built upon the foundational tool of legal personality, represents an evolutionary process that traces the transformation from the medieval feudal hierarchy, through absolutist monarchy, to today's notion of the“abstract rule-of-law state.”Embedded within this mature state concept is an internal logic that unfolds as a progression“from political law to positive law”and“from fundamental law to constitution.”This logic concretely manifests in what may be termed three levels of abstraction: the abstraction of the ruler's (monarch's) individual personality into the collective personality of the state; the abstraction of the collective personality of all people into the unitary personality of the state; and the abstraction of the representative personality of state institutions into the independent legal personality of the state itself. Since the 20th century, and especially in the present day, the legal conception of the state as an autonomous, abstract political sphere has faced new challenges. These challenges are reflected in the erosion of territorial boundaries and in the reshaping of governance structures and international relations under the impact of information civilization, with its focus on big data, artificial intelligence, and human-machine collaboration. At this pivotal moment of civilizational transformation, the task of safeguarding a renewed sense of state autonomy and its underlying abstract conception has become a pressing and unresolved question. Addressing this challenge is not only essential to building an independent Chinese constitutional knowledge system, but also constitutes a fundamental issue that must be confronted in the systematic development of state law theory suited to China's path toward modernization. |
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