國家整合目標下公民概念重述

On Interpretation of Citizenship from the Perspective of National Integration

國家整合又稱國家一體化，是指通過國家的經濟、政治、文化等力量將國家內部的各個部分和要素結合為一個有機的整體的過程。憲法是實現國家整合的基石性制度工具，我國憲法上有“公民和”“人民”的二元主體表述，相較於人民概念，公民概念更適合發揮國家整合的功能。公民概念確保政治共同體成員與國家法秩序成員範圍的一致，避免國家成員內部出現區分和對立。憲法塑造了政治共同體和社會共同體，公民身分隨之二重化。公民不僅僅是政治共同成員，參與政治共同體的整合，還作為社會共同體成員，參與社會共同體的整合。公民概念並不包含某些實質標準，符合國籍這一形式要件的“每一個人”都是憲法上的公民，都能夠被納入到政治共同體和社會共同體之中。通過公民身份認同實現國家整合，需要價值認同、政治認同和社會認同三個方面的有機融合。

The acknowledgement of identity as Citizenship (''gong min'') is of great importance in terms of national integration. Given that no consensus so far has been reached on the interpretation of Citizenship, it is worthwhile to probe into such interpretation therefore to achieve national integration. Compared with the concept of People (''ren min''), the concept of Citizenship functions as a better means to achieve the ends of national integration. In history, the creation of the dual system as Citizenship and People was intended to fill the gap between membership of the political community (sovereignty) and of the legal order (the governed). In the current Chinese Constitution though, membership of the political community and of the legal order overlap without gap. Citizens not only are the subjects of sovereign construction, but also are the objects of governance. It is the concept of Citizenship that ensures the scope of membership of the sovereignty and the governed retaining the same, consequently avoiding the separation or confrontation from inside, whereas the concept of People merely stands for a rhetorical people-oriented philosophy and sovereign-based statehood. In the early texts of the Chinese Constitution, the sovereignty, society and individuals were highly regarded as a whole. Back then, national integration primarily relied upon political means. Citizens were mainly regarded as members of the political community, while its social identity was subordinate to its political identity. Considering that sovereignty and society are comparatively differentiated in the current Chinese Constitution which result in a manifestation of citizens' social identity, national integration in effect integrates both the political community and the social community. While the Constitution shapes both the political community and the social community, the latter has some degree of autonomy compared to the former. Hence national integration should be conducted in both the political and-the social domain instead of in the political domain only. As the concept of Citizenship in the Chinese Constitution not only serves as membership in the political community but also serves as membership in the social community, it is the concept of Citizenship that is in a better position to achieve national integration. The concept of Citizenship is inclusive enough to include everyone holding such nationality without no substantive criteria. One would not be excluded from membership of the political community and of the social community as long as nationality in form is held. Given that, citizens get through a process of autonomous integration by participating in the community. Such autonomous integration is a dynamic national integration, in which citizens constantly experience living a life in the community, resolve disputes through democratic mechanisms as well as basic rights, and put common life into practice. Therefore, national integration would be achieved from the acknowledgement of value, political identity and social identity. First, in terms of value acknowledgement, shared values of all Chinese people are supposed to be converted into basic rights in the Chinese Constitution. In doing so, all the aspects of national and social life are influenced by such values. Second, in the light of political identity, individual citizen is assumed to be the basic unit. Thus, all the citizens share their interests and consequently take the responsibility as a community through participating in the political life. Third, in the matter of social identity, common life domain should be constructed where all the citizens participate and communicate. Hence divergences built upon institutional and physical barriers could be eliminated.