Ethnic Minority Cultural Rights Protection Legislation Research

National culture especially for ethnic minority is eroding in the wave of development of modernization and economic globalization. The existing basic theory and practice for law of minority culture can not provide sufficient basis and accordance to achieve rights of culture for ethnic minorities. Therefore, studying the value concept, legislative aim and basic principle of minority cultural rights, constructing a complete legal institution to protect minority cultural rights, and establishing the Law of the People’s Republic of China on the protection of minority cultural rights has important theoretical and practical significance.Base on the reality of protection of minority cultural rights. On the one hand, the development of the modernization impact minority culture, with the development of national tourism, the acceleration of urbanization, which resulted in culture shock and weakened cultural rights to minorities. On the other hand, the international community reached a consensus to protect the cultural rights of minorities, and formed the strategy to protect in the premise of the development. The United Nations issued the relevant international conventions, all countries reached a compromise agreement in international law, and established respective domestic legislation of minority cultural rights, so that the formation is the system of current international law on protection of minority cultural rights. According to the Chinese objective social reality and international law of protection of minority cultural rights, there is an urgent need to establish relevant legal provisions to protect the rights of minority culture.Base on the elements of legislation to protect minority cultural rights. Elements of legal relation refer to contents and factors which constitute legal relationship. Any legal relationship must have three basic elements:the subject, object and content. Right is the reflection of certain social relations, it reflects the state of the relation between person and person. In this state, there are subject and non-subject. At the same time, this also must be pointing to the object, which is a material object. The basic elements of legislation to protect minority cultural rights refer to the basic content and conditions to constitute legal relationship for minority cultural rights, it also includes three aspects:subject, object and content. This paper analyzes the basic elements of minority cultural rights, so that to determine the subject, object and content of legislation to protect minority cultural rights.Base on value orientation of legislation to protect minority cultural rights. Value refers to the physical properties which satisfy man’s needs. Marx’s explanation of value expatiated that the value is a kind of usefulness. In the final analysis, it is the value of social usefulness. Apply to analyzing the value of legislation to protect minority cultural rights, the aim is to promote the realization of the justice value, order value and efficiency value during the process which minority cultural rights play its social function, and then establish legal institution to protect minority cultural rights. In this paper, the value orientation of the minority cultural rights refers to reflect the social demand or state which legislation of minority cultural rights seeks to achieve. Value analysis of minority cultural rights refers to the content and structure which legislation of minority cultural rights constructs value belief. Based on this, the most fundamental problems of specific legislation is to define a clear value concept, establishing a relatively stable value system inherently, and setting up the goal, principle and institution of legislation to protect minority cultural rights.Base on choosing the goal of legislation to protect minority cultural rights. Value concept itself is not reflected in the text of the law, but it expresses directly and intuitively through the objective of legal protection and principles of law. Choosing the goal of legislation to protect minority cultural rights refers to set the content of legislation institution, and then establish basic principles of legislation to protect minority cultural rights. This article implements the general principle of Chinese Communist and national policy, fulfills the statute of minority regional autonomy. From the practical point of view, this paper concludes the goal of legislation to protect minority cultural rights to three aspects which are to promote people’s overall development, realize the diversity of culture and maintain national culture security. On this basis, this paper combines with the value orientation to analyze logical relationship and mutual value tendency of each project.Base on constructing the institution of protecting minority cultural rights. Constructing the institution is an important part of establishing legislation to protect minority cultural rights. In the process of legislation, value principle and the legislative purpose forms philosophical foundation, this needs to be realized by the legislation institution of protecting minority cultural rights. According to the value principle and the legislative purpose, the legislation determines the basic principle pf human rights, cultural order and cultural harmony. According to the principle, the paper determines legislation of protecting minority cultural rights:effective participation system, supporting policy system and economic compensation system. The basic legislation institution of protecting minority cultural rights is to achieve the goal of protecting minority cultural rights and determinate principle, enact and follow the institution which consists of legal norms to adjust the legal relationship of minority cultural rights.Base on the integrity and perfection of Chinese legislation to protect minority cultural rights. All of the value orientation, goal selection, and empirical studies of constructing the principle and institution are designed to improve and perfect the foundation of integrity and perfection of Chinese legislation to protect minority cultural rights. China has already developed a dozen specific acts for minority cultural and intangible heritage protection; some of the legal institutions are directly or indirectly related to the content of legislation for minority cultural rights. Although the legal institution provides an important basis for managing the China’s legai protection of minority cultural rights, there are some problems in the legal concept, legal institution, management system, and other aspects to be solved. Therefore, China needs to establish Law of the People’s Republic of China on protection of minority cultural rights according to the general content of legislation institution of protecting minority cultural rights, so that to meet the practical needs of management for China’s legal protection of minority cultural rights.