铸牢中华民族共同体意识的规范基础及其构建路径

The Normative Basis and Construction Path of Fostering a Strong Sense of Community for the Chinese Nation

加强铸牢中华民族共同体意识的法治保障,是推动各民族为全面建设社会主义现代化国家而共同奋斗的必由之路。构建以宪法及宪法相关法为根基,以民族团结进步促进法为核心,以民法典为依托,以刑法为保障,以其他法律法规、规章和规范性法律文件为补充的法律规范体系,是加强铸牢中华民族共同体意识法治保障的根本前提。为有序推进铸牢中华民族共同体意识规范基础的建构,亟需在系统分析和准确把握以铸牢中华民族共同体意识为主线的党的基本政策“入宪”“入法”、民族工作法律法规清理完善及推进民族工作高质量发展的新兴法律需求的有效回应等主要问题的基础上,修改宪法及宪法相关法、刑法等相关规定,完善全面实施民法典的配套措施,制定引导和规范国家机关、企事业单位、社会组织和公民参与民族团结进步创建、促进各民族交往交流交融的专门法律及其配套法规,由此才能达成以良法促善治的目的。

Strengthening the enforcement of the rule of law for fostering a strong sense of community for the Chinese nation is the only way to promote the Chinese people,made up of all its various ethnic groups,to work together to build China into a modern socialist country in every aspect.This study further demonstrates that in the construction of the national rule of law in the new era,the establishment of a national legal normative system with forging a sense of community for the Chinese nation as its key principle is the fundamental prerequisite for strengthening the legal justification of forging a Chinese national community consciousness and due meaning of improving the socialist legal system with Chinese characteristics with the Constitution as the core.Research affirms this is of great significance to realize the modernization of the national governance system and its capacity,and to better unite the people of all ethnic groups to embark on a new journey of building a modern socialist nation in a comprehensive way.This article finds that accurately understanding the necessity of the normative basis for fostering a strong sense of community for the Chinese nation is the primary issue in building the national legal normative system in the country s new era.Moreover,the key to better integrating the rule of law into the governance of ethnic affairs is to scientifically grasp the main principle in establishing a legal normativity that is aimed at primarily fostering a strong sense of community for the Chinese nation.Research results show that at present it is urgent to build a complete legal normative system,which should be 1)based on the relevant provisions of the Constitution and its pertinent laws,2)centered on the Law on the Promotion of Ethnic Unity and Progress,3)supported by the Civil Code,4)guaranteed by Criminal Law and supplemented by other applicable laws,regulations,rules and normative documents.To elaborate further,First of all the Constitution and relevant laws of the Constitution should be revised and improved,and the Party s basic policies(such as“building a common spiritual home for the Chinese nation”,“promoting exchanges and integration among all ethnic groups”,and“promoting the construction of the Chinese national community”)be incorporated into the Constitution and the relevant laws of the Constitution,for the purpose of laying a solid constitutional foundation for the national legal normative system in the new era.Secondly,the enactment and amendments of the Law on the Promotion of Ethnic Unity and Progress and its supporting policies and regulations should be promoted,the responsibilities and obligations of various social entities be stipulated aimed at achieving ethnic unity and progress,and the Law on Regional Ethnic Autonomy,the Regulations on Urban Ethnic Works and other laws and regulations be revised and further improved.Thirdly,one should do the following:clearly communicate the principle that the implementation of the Civil Code is more important than flexibility,constantly improve and fully implement the supporting legal measures of the Civil Code,and promote the mutual communication and integration of citizens of all ethnic groups as well as their common prosperity touching on all aspects of social life.Finally,the“realization of the great rejuvenation of the Chinese nation”together with potential threats to the fundamental interests of the Chinese nation should be incorporated into criminal law norms;what is more,the provisions of Article 90 of the Criminal Law on the flexible implementation in ethnic autonomous areas should be amended and improved,as a means to further consolidate the criminal law guarantee for fostering a strong sense of community for the Chinese nation.