Chinese minority economic rights, legal protection
|School||Central University for Nationalities|
|Keywords||the economical rights of ethnic groups the lawful protection the lawful motion the lawful relief perfection|
The problem of the ethnic groups is of vital importance for the whole world and the multi-nation countries. Most ethnic conflicts which mainly result from the fact that the economical rights of ethnic groups are not properly protected could be solved through giving special protection to the rights of ethnic groups. Since the foundation of the People’s Republic of China, the state has done active efforts on the protection of the economical rights of ethnic groups and obtained remarkable achievements. Nevertheless, there still exist unsolved problems concerning the protection of the economical rights of ethnic groups. On the background of The human rights written into constitution and Administering country according to law, multi-protection-system dominated by the law should be established for the protection of the economical rights for Chinese ethnic groups. Employing the method of regulation study and case study, qualitative analysis and quantitative analysis, the current research mainly focuses on the law protection of the economical rights of ethnic groups. The research of the law protection for the economical rights of ethnic groups intended to fostering the thought of the law protection of the economical rights of ethnic groups throughout the whole society has both important theoretical and practical significance, which can theoretically enrich the neonatal ethical laws and practically provide theoretical support to legislation, direct law practice, and protect the economical rights of ethnic groups to maintain the prosperity, comity and unification for all the Chinese ethnic groups.The current dissertation is composed of seven parts: introduction, five chapters and conclusion. Starting with the foundation and review of the concept, character, function and value of the law protection of the economical rights of ethnic groups, the current dissertation mainly analyzes the contents of economical rights of Chinese ethnic groups, the protection of the economical rights of minority nationalities dynamically,the law redress when the economical rights of minority nationalities be violated and, finally, explores fundamental ways on solving existing problems.Introduction mainly proposes that multi-protection-system dominated by the law should be established for the protection of the economical rights for Chinese ethnic groups, sums up and analyses the interrelated studies which although have acquired certain achievements but also need further systematic research, introduces the basic framework and research methods of the current research, analyzes its theoretical and practical significance and also presents the main viewpoints, innovations and insufficiencies of the current dissertation.Chapter I, General theory of the economical rights of ethnic groups, mainly defines the concept of the economical rights of ethnic groups, performs emphatic and systematic analysis on the basic characters of the economical rights of ethnic groups to discuss the function and value of the law protection of the economical rights of ethnic groups. Generally speaking, the characters of the economical rights of ethnic groups are rather complicated, which mainly contain the basic right, special right, active right, and public law’s right. The legal protection of economical rights of ethnic groups has three kinds of functions, affirmation, criterion and protection. Order, justice and benefit are the most important values on the lawful protection of economical rights of ethnic groups.Based on the state’s existing legislation system and mechanism, Chapter II, The main contents of economical rights of Chinese ethnic groups, theoretically analyzes the interrelated concerns about the economical equal right, economical developing right, economical autonomous right, economical support right of ethnic groups and also explores the existing problems in its accomplishing process. The economical equality of ethnic groups include equality for chances, results, forms and substance, while the economical inequality of ethnic groups is mainly caused for varied reasons. The economical equal rightof ethnic groups differs a lot from the absolute economical equalitarianism. Generally speaking, the equality principle should include rational differential principle. The development of economical equality of ethnic groups must persist economical indiscrimination of ethnic groups and oppose national prejudice and discrimination. Being the object benefit of the economical developing right, the economical developing right of ethnic groups has abundant contents, which are mainly based on the economical benefit obtained by the colony or individual of ethnic groups and of great importance. The economical autonomous right of ethnic groups has double characters, right and power, containing the autonomous right of finance and taxation, foreign trade, natural resources’ exploitation and management. The form of realization for the economical support right of ethnic groups chiefly include the financial help, the resources’ compensation, the financial support, poverty alleviation, fund support, the support and preference of national trade and the reconstruction of basic facilities.Chapter III, The motion on the protection of economical rights of Chinese ethnic groups, emphatically studies the interrelated contents of the protection of legislation, the protection of law executing, the protection of lawful supervision on the economical rights of ethnic groups. There still exist some unsolving problems, though the legislation, law executing, lawful supervision have elaborated great achievements in the protecting the economical rights of ethnic groups. The protection of legislation chiefly has three principles of the protection of the economical rights of ethnic groups, equal right, unusual protection. The protection of the law executing must obey the principles of the administration according to law, subordinate principles, and efficient principles. The forms of the protection of the law executing chiefly has administrative permission, administrative reward, administrative levy, administrative punish and abstract administrative behaviors. The protection of the law supervision has perfectly important functions,mainly containing the main body, the object, the contents, the way and patterns of the law supervision.Chapter IV, The lawful relief of economical rights of Chinese ethnic groups, defines the lawful relief of the economical rights of ethnic groups, proposes that the causations of the lawful relief of the economical rights of ethnic groups are mainly the abuse of power, the conflict of right, the abuse of right, and introduces the methods of the lawful relief of the economical rights of ethnic groups about the administrative relief, the civil relief, the penal relief and the relief of the constitution. Based on the theoretic analysis, the current research agrees that the lawful relief should become the leading way of the economical rights of ethnic groups, which is a final defense line about the relief of the economical rights of ethnic groups, and also appraises the obtained achievements and existing problems in lawful relief of the economical rights of Chinese ethnic groups.Chapter V, The exploration of the basic routes on the settled question, means to explore the basic routes to settle the problems from the perspectives of values innovating and perfection for the lawful protection system. The innovation of the values includes establishing the priority of the protection of the economical rights of ethnic groups, paying equal attention to the group rights and individual rights, and dispelling the idea for power-orientation. The motion on the protection of economical rights of Chinese ethnic groups can be perfected by strengthening and perfecting the legislation, the law administering, lawful supervision, the protection of jurisdiction on the economical rights of ethnic groups, and, additionally, it also needs the cooperation between the lawful protection and the policy protection, elaborating the function of the national association and paying much attention to effectively participation of ethnic groups.The last chapter, Conclusion, mainly performs the summary of all the chapters, points out those questions which the dissertation hasn’tprofoundly discussed and the interrelated questions which need further studies in the future.