Study on the cultural rights of ethnic minorities

Date of publication:2009-6   Press: National Publishing House   Author:Sima Junlian   Pages´╝Ü319  

Sima Jun Lian Ms. is one of my band 2005 doctoral students, her long life in the minority areas, pay close attention to the national culture status, the attention to advance from the perceptual level to a rational level. Erosion in today's world of globalization on national culture based, she wants to explain from the constitutional point of view on the cultural rights of minorities the legitimacy and rationality, so as to correct the development and utilization of utilitarian theory and practice of national culture. In "the manuscript of" the cultural rights of minorities, reflecting the innovation of the study authors on this issue: the first in the research perspective.The legal framework of rights protection theory into a few people. For a long time, the cultural rights of Chinese ethnic minorities rarely enter the researchers view. Their concern is the equal right of common and ignore the politics of difference “ ” research. And the ethnology circles also lack of “ &rdquo, constitutional thinking; research on minority rights always stay take the matter on its merits. Or is analyzed from the perspective of Ethnology and national law, the lack of legal and constitutional philosophy penetration and resolution; or they simply autonomy from the perspective of analysis, the legislative items minority rights simply corresponds to the law on Regional National Autonomy in correspondence analysis and analogy, simple, lack of self construction the theoretical system and the system of regional ethnic autonomy of interpretation and explanation. The protection of cultural right of ethnic groups into the field of jurisprudence and constitutional philosophy, legal basis and legal basis from the legal point of view to analyze the culture of minority rights, and from the system level analysis and the reality of national sovereignty tension and fusion. This not only helps to deepen the research on the protection of human rights of the minorities, and the new research content for the study of law.

"Study" the cultural rights of minorities are introduced: the narrow sense of culture rights usually refers to the cultural rights of ethnic minorities. The need for protection of minority cultural rights has never been so urgent. Both in the international or domestic in Chinese, are constantly pay attention to the protection of this right. Because it involves the diversity of culture, it is the development of human beings and the creativity involved. But it is a pity, for a long time, the academic attention to this one problem is only a few “ ” interest; but unfortunately, few “ ” is mainly interested in the &mdash practical utility perspective; — economic development point of view to study the protection of minority cultural rights, is the most typical “ culture industry theory ”. But the utilitarian theory behind clear there is a logical “ about ”: whether can not form the culture industry of minority culture is of no value, no protection necessary? The answer of course is in the negative. Because the minority culture is not because it can bring economic benefits have the value of existence, but has the legitimacy basis. Therefore, the state to protect this right is not the gift but obligations. This article is based on this concept, to expand on minority cultural rights of speech “ &rdquo. The full text is divided into four parts. The first part is the basic theory related to the cultural rights of minority nationalities. Through the analysis of related concepts, the minority cultural rights value basis, basic elements and main content, theoretical system to build a basic cultural rights of the ethnic minorities. Its core is the legitimacy of the cultural rights of minorities from the perspective of value "ought to be". The minority cultural rights protection is the value basis of Marx's national theory, theory of human rights, cultural diversity and identity theory etc..
Author brief introduction

Sima Jun Lian, Lichuan City, Hubei Province, doctor of law. Associate professor of Law School of Hubei Institute for Nationalities, vice president of Finance and economics, a researcher at Hubei Institute for Nationalities in southern minority research center, Hubei Institute for Nationalities of constitutional and administrative law subject leaders. In 1982 the central China Normal University to study history is history, because the professional is involuntary, so in the University in almost all the spare time spent reading extracurricular books, literature, art, philosophy and other fields. In 1986, assigned to the Hubei province Enshi city municipal Party school to teach in 1989 May, transferred to Hubei Institute for Nationalities Department of politics and history teaching ever since. However. This was only a dozen people in small system has now evolved into Hubei Institute for Nationalities School of economics and law, becoming the two level college has nearly 80 of the size of the. 1997 September to enter the Fudan University law faculty professional master's degree of law of foreign legal history. In 2005, and entered Wuhan University constitutional and administrative law professional doctoral graduate. Under the tutelage of Humanities and social sciences of Wuhan University Professor Mr. Li Long. Thanks to the teacher and other teachers of the professional guidance. So I finished school. The unit is in minority areas. But there are still many talents. See them in mind and academic growth. Often the happiness arise spontaneously. They are the power of my progress. Although very concerned about social problems. But there is no in-depth study, just in the jurisprudence and legal aspects of occasional small for human rights. Due to the lack of talent in science, so far only in "Law Review" and other journals published more than 20 academic papers; editor and participated in writing 3 books; organized and participated in provincial and ministerial level projects 8. Host projects in Western China, National Social Science Fund item. Organized and participated in other provincial project 7.
Catalogue of books

The preface introduction introductory, origin and significance of the research on the status of the three, two, four, study on the problems and shortcomings of the first theory of the first chapter the basic concepts of culture and cultural rights of the first section of second minority culture and cultural rights of the second chapter of minority cultural rights based on the value of the first section of the Marx nationalism theory section second human rights theory in section third identity theory in section fourth cultural diversity theory in the third chapter the cultural rights of ethnic minorities of the basic elements of the first section of the cultural rights of minorities is composed of second sections of minority cultural rights object third ethnic and cultural rights of the contents of the fourth chapter the cultural rights of minorities is an important content of the first section to use and maintain the language rights section second of the freedom of religious belief in section third, maintain or reform of national customs rights second specification of the fifth chapter of international protection of minority cultural rights legislation the first section analyzes the protection of minority cultural rights in second day international legislation protection of minority cultural rights regional legislation third minority cultural rights national legislation sixth chapter Chinese The protection of minority cultural rights law analysis of section China ethnic and cultural rights protection legislation survey section second Chinese minority cultural rights protection legislation principles and characteristics of third day China minority cultural rights protection legislation of third empirical researches on the seventh day of globalization and the protection of minority cultural rights for minorities first globalization the influence of culture globalization and Chinese section second of the protection of minority cultural rights section third under the background of globalization, the protection of minority cultural rights system construction of the eighth chapter of the minority cultural rights protection case analysis of — — in Enshi, the protection of minority cultural rights for ethnic culture protection countermeasures were the first section of Enshi ethnic minorities culture rights protection status of second section of the Enshi state study on reference
Chapter excerpt

People of nature that human rights is beyond history, beyond class, beyond the regional common characteristics; because as a “ ”, in many ways, always common. The famous psychologist Maslow proposed two requires the system, namely the basic needs and psychological needs. The basic requirements include physiological needs, safety needs, belongingness and love needs, esteem needs. Psychological need includes cognitive need, aesthetic need, self realization needs etc.. Therefore, in the basic needs of people are the same. But people are living in a particular society, individual rights is the legal community subjects acknowledged norms based. But in a class society, human rights is a class of. Because of the existence of class oppression, caused the opposite relationship between the alienation of man and man and man. It makes people lose their dignity, not the people when the “ ” to treat. As the ancient Rome society of slaves was simply as a tool to speak. Bourgeois human rights while claiming to be &ldquo ” human rights;, but in the concrete reality also marked the stigma of the bourgeoisie. The yellow people, Indians, Native Americans, blacks and women are never in 1628 England "the petition of right", in 1689 the British "bill of rights" and the 1789 French "Declaration of human rights", human rights and the subject of rights, and this unreasonable social phenomenon is only in the year of first Century in society the system can be solved. This shows that in the past hundreds of years, regardless of the phenomenon, system, or in fact and in reality, human rights are always special. “ I was at least second world war history told us such a cruel fact: the Universal Declaration of human rights that human rights, from the outset not apply equally to all the people, to show in front of us is the privilege of the minority and majority have no history of ”. … …
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