22-JAN-1991 14:27
DIRECTOR OF ADM.
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NYL. Sch. J. Int'l & Comp. L.
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ciples underlying China's socialist legal system: (1) that all of China's ethnic groups share a unified and single category of nationality and (2) that every member of an ethnic group residing within Chinese territory enjoys equal nationality status.
This single category of nationality in China's new Nationality Law contrasts sharply with equivalent legislation in other countries, most notably the British Nationality Act of 1981, which classifies three cate- gories of British citizenship with different rights attributed to each cat- egory." Furthermore, the Chinese Nationality Law draws no distinc- tion between the concept of citizenship and nationality, as is the case in some countries." This principle prevails even though China's enor- mous frontier regions are populated mainly by ethnic minorities with autonomous status under the constitution of à primarily centrist gov- ernment." Under this principle, a person with Chinese nationality, re- gardless of ethnic origin, race, sex, religion, creed, education, wealth or length of residence, and whether native-born or naturalized, is a citizen of China and has constitutional rights and duties identical to those of any other person with Chinese nationality. Although the three previous nationality statutes implied the same principle of a single category of Chinese nationality," none contained an explicit statement to that ef
have Chinese nationality," The Chinese term min-zu means "race,” “people” or “ethnic group." but it is frequently translated as "nationality,” which is misleading in the con- text of international affairs. In order to avoid confusion, the term "nationality" is used in this article to mean only nationality under a nationality law, while min-zu is translated as “race,” “people” or “ethnic group.” See Y. Lin, Chinese-English Dictionary or Mod- ern Usage 776 (1980).
10. British Nationality Act, 1981, ch. 61, Current Law Stat. ANN. pts. I-III (1981), reprinted in 51 Halsbury's Statutes of England 3-55 (3d ed. 1982). See 1. STANBROOK, British Nationality (the New Law) xvi-xvii (1982), The PRC law does not distinguish between Guomin (national) and Gongmin (citizen). See Falu Dawen Sibati (400 Legal Questions and Answers) 16-17 (Feng & Ren eds. 1984).
Id.
11. See also 3 G. Hackworth, Digest of International Law 1-2 (1942),
The term citizen, in its general acceptation, is applicable only to a person who is endowed with full political and civil rights in the body politic of the state. The term national includes a citizen as well as a person who, though not a citizen, owes permanent allegiance to the state and is entitled to its protection, as, for example, natives of certain outlying possessions of the United States.
12. Currently, five autonomous regions, 29 autonomous prefectures and 75 autono- mous counties have been established in China. See C. Fano, supra note 8.
The four constitutions that the PRC has adopted so far all grant regional autonomy to the ethnic minorities in these close-knit communities, usually in the frontier regions. Compare Zhonghua Renmin Gongheguo Xianfa (PRC Const.) art, 4, reprinted in Bɛu- Inc Rev. No. $2, at 10 (1982) with PRC Const. art. 4 (1978), reprinted in Brunng Rev. No. 11, at 5 (1978), PRC Const. art. 4 (1975), and PRC Const. art. 3 (1954).
13. See 1909 Law, supra note 4, art. 1; Sheng, supra note 1; 1929 Law, supra note 6,
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