论语言的国家塑造与宪法意义

The National Shaping of Standard Spoken Language and Its Constitutional Function

塑造通用的语言是现代国家构建的历史前提。宪法对于语言的规制,关乎一项根本议题:语言的宪制功能。它既不能被简化为语言规划问题,也不能被化约为文化教育普及问题。语言的宪制功能表现为:增进历史认同、维系宪制结构、推动国家构建与国家建设。新中国成立之际确定的语言塑造方略,集中于汉字简化和推广普通话。1982年《宪法》修改时,文字改革方案尚未定型,制约了《宪法》对语言文字的同步规范,仅在第19条中写入了通用语条款。这一条款的功能在于,通过语言推动国家整合和国家建设。就规范效力而论,它确立了语言的宪法秩序,为语言文字法律规范体系的建立创设了宪法依据,同时也奠定了合宪性审查的规范基础。透过《宪法》语言条款,可以洞悉现代中国国家构建与国家建设的语言方案。

Shaping a standard spoken language is a historical prerequisite for state-building. The provision of the Constitutional Law on standard spoken language is related to a fundamental issue: the constitutional function of language. It can neither be simply regarded as a language planning problem nor as a problem of cultural education. The constitutional functions of language are as follows: to enhance historical identity, to maintain constitutional structure, and to promote state-building and national construction. When the People’s Republic of China was founded, the language shaping strategy focused on the simplification of Chinese characters and the promotion of Putonghua. When the Constitutional Law was amended in 1982, the reform for Chinese character had not yet been finalized, restricting the Constitution Law from simultaneous setting norms for standard spoken and written Chinese language, and only the standard spoken language clause was included in Article 19. The function of this provision is to promote national integration and construction. In terms of the normative effect, it establishes the constitutional order of language, creates the constitutional basis for the legal system of standard spoken and written Chinese language, and also lays the normative foundation for constitutional review. Through the language clause of the Constitutional Law, we can gain insight into the language scheme of the construction and nation-building of the modern country.