6 replies to this topic

[General_Zhaoyun]

I'm trying to research chinese law to check the legal definition of the chinese term "Zhongguoren 中國人= chinese nationals or citizens". This is so that I can add a legal citation for Wikipedia's article on Chinese People at http://en.wikipedia..../Chinese_people

But sofar, I can't seem find any legal definition or laws (on the internet) stating that "Zhongguoren 中國人= chinese nationals or citizens".

I've checked ROC and PRC's Nationality Law, and they merely stated the requirement for ROC/PRC's nationality/citizenship. They do not define chinese citizen (中國公民） = zhongguoren （中國人）

For PRC's nationality law, you can refer to http://en.wikipedia....nationality_law (English) or http://www.gov.cn/ba...content_843.htm (original chinese)

For ROC's nationality law, you can refer to http://en.wikipedia....public_of_China (English) or http://www.immigrati...1.asp?NodeID=87 (original chinese)

Does that mean there is no law defining what is a "Zhongguoren" ?

Can someone check for me whether there is any constitutional law or legal document's definition for Zhongguoren ?

Edited by General_Zhaoyun, 20 November 2008 - 06:55 AM.

[bayonet]

The constitution of peoples republic of china, Article 33: chinese citizens are those with chinese nationality.

The constitution sees emigrants in other countries with chinese national as zhongguoren as well. Hence protection is extended to them. The constitution provides those whose ancestors were chinese and their dependents preferential treatment as long as they have been residing in china even without chinese nationality. For reciprocal reasons, foreigners are treated almost the same as those returned emigrants.

The nationality law of PRC sets up a bone of the general principles. It is fleshed out by numerous judicial or legislative interpretation as are other laws. There is no given definition for nationality nor are those interpretations. But by rule of reasons, we can know the scope. The nationality law has adopted an enumeration approach instead of a descriptive approach. It lists the situations and conditions for one being chinese national. In other words, those who fail to meet these conditions are not chinese national in the eye of law. Those who have met the conditions shall be Chinese nationals automaticaly unless they positively act to fall within the exemptions. By doing so, the law has no need to give a definition of nationality.

The definition of Chinese is in itself very controversial and in many cases sensitive. But from a legal angle, it is not that difficult. zhongguoren is tanta to those with chinese nationality, namely chinese citizens. As article 33 of the constitution has told us, chinese citizens are categoried by their nationality only. SO even they have settled in overseas for many years but maintained a chinese national, they are regarded as chinese citizens, i.e zhongguoren.

I hope this could be helpful.

[General_Zhaoyun]

Bayonet,

Thanks for your legal advice. Your legal profession (as a lawyer) certainly helps to clarify the PRC law.

The article 33 is mentioned at http://news.xinhuane...t_1367387_1.htm

第三十三条 凡具有中华人民共和国国籍的人都是中华人民共和国公民。

中华人民共和国公民在法律面前一律平等。

国家尊重和保障人权。

任何公民享有宪法和法律规定的权利，同时必须履行宪法和法律规定的义务。

However, I still don't see the constitution defining "Zhongguoren as Chinese National/Citizen", only "Chinese Citizen are those with Chinese Nationality".

The term "Zhongguoren 中国人" cannot be seen anywhere in constitutional law, as I was expecting to see some form of definition such as "凡具有中华人民共和国国籍的人都是中华人民共和国公民, 也称为 "中国人" （Chinese Citizen are those with Chinese Nationality, called Zhongguoren).

Does that mean "Zhongguoren" only appear in dictionary as "People from China", and that legal definition is not necessary and thus cannot be found in PRC law ?

[bayonet]

well, zhongguoren is a general term. it could mean many things like people from china, people orginally from china, ethnic chinese, people with chinese national, etc. That is too wide and left a large room for judges to intepret at their own will. To avoid ambiguity, the law does not use this term, instead it uses chinese citizen.

[General_Zhaoyun]

Thanks for the explanation.. Bayonet. Now I understand it.

[LoveNStrife]

I believe the above explanations are not entirely correct.

中国公民 is the term used for Chinese nationals. 中国人 does appear in one Act (not the Constitution) dating from the 80s. It is the result of bad drafting and is likely to be overhauled.

Conclusion:

(1) As of now, 中国人 technically does have a legal definition. However, this is a legal anomaly and should not be relied upon.
(2) It appears to be deliberate policy not to use 中国人 in legal documents, because it is too vague.

[Cao Huan]

So those with ancestry from China can be considered Zhongguo Ren. But about the concept of ancestry from China... Let's say there's an individual who isn't a Chinese citizen but he descends from a now defunct state founded by non Han Chinese, but the territories of the state lies within the present legal boundaries of China. can he be considered "Chinese"?