法治建设的国家能力基础：从国族认同建构能力切入

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November 2020

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Citation: Chenjun YOU. The Basic State Capacity in the Construction of Rule of Law: From the Perspective of the Ability of National Identity Construction[J]. Academic Monthly, 2020, 52(10): 89-99. shu

The Basic State Capacity in the Construction of Rule of Law: From the Perspective of the Ability of National Identity Construction

Chenjun YOU

Abstract

There is a new research trend to discuss the rule of law in China by quoting the concepts and theories of “state capacity”. However, when applying them to the study of China’s rule of law, some of the concepts and even the analytical framework should be reviewed and adjusted cautiously in advance. In particular, we should appropriately go beyond the “top-down domination” dimension which may be over highlighted by the “state capacity” theory. The ability of national identity construction can be regarded as a core concept linking the problem of state capacity with the construction of the rule of law. As one of the important parts of state capacity, the ability of national identity construction is not only the basis for maintaining the legitimacy of one certain country’s rule of law to the greatest extent in the era of globalization, but also a lubricant to promote the rule of law in one certain country with minimum cost and high quality.
- state capacity,
- rule of law,
- national identity construction,
- ability of enculturation,
- legal provision about Putonghua
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沈阳化工大学材料科学与工程学院沈阳 110142

The Basic State Capacity in the Construction of Rule of Law: From the Perspective of the Ability of National Identity Construction

Chenjun YOU

Available Online: 2020-10-21

Abstract: There is a new research trend to discuss the rule of law in China by quoting the concepts and theories of “state capacity”. However, when applying them to the study of China’s rule of law, some of the concepts and even the analytical framework should be reviewed and adjusted cautiously in advance. In particular, we should appropriately go beyond the “top-down domination” dimension which may be over highlighted by the “state capacity” theory. The ability of national identity construction can be regarded as a core concept linking the problem of state capacity with the construction of the rule of law. As one of the important parts of state capacity, the ability of national identity construction is not only the basis for maintaining the legitimacy of one certain country’s rule of law to the greatest extent in the era of globalization, but also a lubricant to promote the rule of law in one certain country with minimum cost and high quality.

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通讯作者: 陈斌, bchen63@163.com

The Basic State Capacity in the Construction of Rule of Law: From the Perspective of the Ability of National Identity Construction

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