清帝《逊位诏书》在中华民族统一上的法律意义

辛亥革命南北议和的结果是清帝逊位，以禅让模式终结当时统治中国的清帝国。清帝《逊位诏书》成为帝国主权转移至民国的重要合法性文献，对中华民国建政意义深远。作为原帝国所辖领土的辽阔的边疆民族地区因此被当然合法地纳入民国法统之下，中华民族成为一个统一的政治实体，一个完整继承清帝国的主权国家。然而西方列强及国内少数分裂主义分子图谋瓜分、分裂中国的野心不死。因此，在辛亥革命中，中央、边疆民族与列强及分裂主义之间展开了关于中华民族宪政合法性及国际承认的政治博弈，虽然最终我们基本捍卫了领土主权完整，但仍需保持警惕，应建构我们自己的理论话语以应对西方的理论挑战。

The Legally Constituted Jurisdiction of the Republic of China and National Minorities in Border Regions:The Jurisprudential Significance of the Imperial Edict of Abdication Issued by Qing Emperor

The peaceful negotiation reached between the North and the South after the 1911 Revolution had directly led to the abdication of Qing Emperor,which consequently,had ended the rule of the Qing Dynasty over China.The Imperial Edict of Abdication issued by Qing Emperor became an important documentation with legal basis,representing the legitimate transfer of the sovereignty from the Qing Dynasty to the Republic.The Edict thus,had profound significance to the founding of the Republic of China.The vast border regions where different national minorities inhabited,being part of the territory under the jurisdiction of the Qing Dynasty,had naturally fallen within the jurisdiction of the Republic of China.As the Republic of China became a political entity,to establish a country independently and legitimately by Han Nationality inhabited in the Central Plains and various national minorities living in the border regions then became groundless.However,the very continuity of the jurisdiction of the Republic still had to stand the tests of perilous conditions including big powers’threat,their attempts to carve up the Republic,encroachment upon the sovereignty and support for secession.A political struggle revolving round the justification of the constitutional government was waged between the central government and various national minorities and the big powers.Though we have basically defended the integrity of our territorial sovereignty ultimately,yet we need to heighten our vigilance.We should build up our own theoretical discourse so to respond to theoretical challenges posed by the West.