National security issues refer to issues where major national interests are infringed or may be infringed upon.According to whether the infringed vital interests must be clarified by legal norms,the identification of national security issues can be divided into two modes:formalism and essentialism.Formalism holds that the significant interests infringed upon by national security issues must be clearly defined by legal norms,while essentialism holds that the significant interests infringed upon by national security issues do not need to be clearly defined by legal norms,as long as the interests belong to the significant national interests at the substantive level.In the identification of national security issues,there is a certain degree of repulsion between formalism and essentialism.In terms of the governance logic of national security issues,there is a certain degree of deviation between formalism and substantialism.The tension between formalism and substantialism can easily lead to two types of identification misconceptions:under security and over security,and lead to the dual dilemma of illegal and excessive means of national governance.To address the intrinsic tension between the two types of identification models,a substantial formalization approach should be adopted to promote three transformations in the identification of national security issues:the transformation of response incentives from obligation guidance to welfare supply,the transformation of identification process from passive response to active response,and the transformation of identification result form from dispersed and concealed to centralized and open.
关键词
国家安全问题/形式论/实质论/内在张力/实质形式化
Key words
national security issues/formalism/essentialism/intrinsic tension/substantial formalization
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