Study Of The Legal Protection Of Minority Cultural Rights

The human rights protection of Chinese ethnic groups has long been a focus in the nation's human right protection field. To discuss the general rights protection of Chinese ethnic groups from this human rights visual angle would help us to specialize and deepen the study on the issue. The traditional lifestyle of Chinese ethnic groups is an inseparable important part of the Chinese culture, and is the nucleus of keeping culture diversification. More than that, it's the key words in dealing with the problems of social and culture coordination at the process of harmonious society construction. In the modernization, the ethnic groups' rights to protect their traditional lifestyle are facing different kinds of challenges which deserve our focus.This dissertation studies the legal protection of cultural right of Chinese ethnic groups by mixed methods, including field work, comparisons and contrast research of cross disciplines, law annotation and so on. Then it tries to find the possible manners to perfect the legal protection of culture right of Chinese ethnic groups.The dissertation consists of one introduction and six chapters. The introduction gives a general idea of this dissertation's significance, interrelated study development and train of thought on the issue, main viewpoints and methods in the study, and also tells the innovations andinsufficiencies of the dissertation.The first chapter is the jurisprudence foundation of cultural rights of Chinese ethnic groups. The author theoretically analyzes and combs a series of viewpoints about cultural rights of Chinese ethnic groups, and tries to redefine this controversial conception through regulation certified. The whole dissertation is based on the comparison and contrast of relevant concepts, and is led by the definition of cultural rights of Chinese ethnic groups. The cultural rights of Chinese ethnic groups mentioned in this dissertation means the collective right of Chinese ethnic groups to keep their traditional lifestyle. On the base of these definitions, the author analyzes the characters, the key elements, and the necessity of protecting this right. To the further, points out the exact holder of this right which may help us understand the ownership and protection system of this right. This study will also pave the road for solving the uncertainty of the subject of cultural right and insufficiency in legal practice.The second chapter is the present conditions research on legal protection of cultural right of Chinese ethnic groups (part I). After deep analysis on related historical materials, documents and other experts' opinions on the issue, plus in-person investigation, the author details us the typical challenges that the work on protection of cultural right of Chinese ethnic groups are facing, which include ecological environment aggravation, tourism exploitation, engineering construction and religionsecular trend. In order to find out the real reasons of these problems, the author uses concrete cases study to deepen research.The third chapter is the present conditions research on legal protection of cultural rights of Chinese ethnic groups (part II). Lengthways, it retraces and summaries the history of legal protection of cultural right of ethnic groups inside and outside of China. It leads us to see the whole process and rules developed in cultural rights' legal protection along history. In landscape orientation, it studies the legislation and execution in present legal protection of cultural right of Chinese ethnic groups, and concludes which part is success or weakness. This study lays a foundation for further research in next chapters.The forth chapter is the inspiration that China can get from global experience of legal protection of cultural right of minority. It mainly introduces and contrasts the different experiences, including success and failure, of other nations or organizations in the world. The study on the international experience provides us possible ways to perfect our own system of protection of cultural right of Chinese ethnic groups.The fifth chapter is the perfection of legal protection system of cultural right of Chinese ethnic groups. The main contents of this chapter are consisted with three parts: legislation, judiciary and administration. In legislation part, it mentions the application of International Convention on Economic, Social and Cultural Rights in China and concludes that weneed to promote the establishment and implementation of Non-material Cultural Heritage Protection Act and the Act of Protection of Cultural right of Chinese Ethnic Groups. In judiciary part, the author thinks the lawsuits concerning the protection of cultural rights should be regarded as commonweal suit, and relevant procedures should be perfected as soon as possible. At the same time, the application of ethnic groups' traditional custom law should be strengthened. In administration part, the government should widely go through the non-material cultural heritages to make a name-list for the traditional cultural representative works of Chinese ethnic groups. It should also start to establish the evaluation system for the important cultural projects, and promote the participation of all individuals, corporate, non-government organizations (NGO) on the protection of cultural rights of Chinese ethnic groups. The compensation system concerns the protection should be set up too. And the corporate social responsibility shall include the protection of cultural right of minority. Even the WTO rules need to contain cultural exception and so on.The sixth chapter is the summary: a possible way to the solution. The author sums up the whole idea of this dissertation, hoping the ideas presented in the paper could provide reference for others' study and attract more scholars and experts to do research on the protection of cultural right of Chinese ethnic groups.