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Urban Scattered Minority Rights Research

Posted on:2014-02-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:W HongFull Text:PDF
GTID:1226330401958622Subject:National Law
Abstract/Summary:PDF Full Text Request
With the accelerated process of urbanization and industrialization, the gradual diaspora of minority population has become a new trend in China’s social transformation and development. Personnel exchanges and the association between nationalities will become increasingly frequent, and then the pattern of diaspora will become more apparent. It has important practical significance of further emphasis on dispersed ethnic groups and paying attention to the protection of the interests of scattered minorities, to promote national unity and build a harmonious society. Currently, the construction for protecting legal rights of scattered minorities in city is lagging behind. The phenomenon and contradiction of infringing civil rights of scattered minorities have occurred. It is urgent to strengthen protection of the rights of urban scattered minorities in legislative, administrative, and judicial fields, for safeguarding the legitimate rights and interests of them.This article aims at coming up with a more perfect and beneficial scheme of protecting the urban scattered minorities’rights, on the basis of researching and studying Korean nationality in Beijing Wangjing Area, analyzing their living environment in the process of China’s urbanization, and sorting out the institution of protecting urban scattered minorities’ rights.For the research methods, this article which mainly applies anthropology and fieldwork methods carries out empirical analysis and quantitative research in Beijing Wangjing Korean nationality. Meanwhile, the entire research focuses on the combination of micro and macro perspective, objective and subjective, bottom-up and top-down. It also investigates the legal protection of urban scattered minorities’ rights from the multi-angle scattered minority, on the basis of making full use of the data collection, questionnaires, visited cases, visits to government agencies and sub-district offices, statistical analysis, and combining the changes and the theoretical framework of the legal system of protecting urban scattered minorities’ rights. The article has six chapters:The first chapter gives an overview of the basic theory of urban scattered minorities’ rights, including its meaning, content, the basis of jurisprudence, foreign study of its current situation and structure, which will lay the theoretical foundation for the following practice.The second chapter is to introduce the theory of social change, to examine in depth the scattered minorities’ rights in the context of China’s urbanization, combined with population movements of scattered minorities in the process of urbanization and the multi-nationality of urban community residents, and then to analyze the basic characteristics of scattered minorities and living environment, for highlighting the urgency and necessity of protecting their rights.The third chapter is about the empirical investigation and analysis of the protection of Wangjing’s Korean nationality’s rights, including the overview introduction of Korean nationality and Beijing Wangjing area and the in-depth analysis of the condition of protecting Wangjing’s Korean nationality’s rights which bases upon the population status, education, occupation, religion, rights demands and combines with survey data, the form of charts, tables, etc. The fourth chapter takes Korean nationality in Wangjing Area as an example, overall deconstructs the present situation and deficiency of protecting urban scattered minorities’s rights. Combining with the status quo of protecting those rights, it identifies realistic problems and rethinks profoundly from the prospective of equal, political, economic, educational, cultural and social rights respectively.The fifth chapter discusses the protection of urban scattered minorities’ rights and probe into its mechanisms and rules in view of practical difficulties and legislative, judicial situation.The sixth chapter proposes a solution to the protection of urban scattered minorities’ rights, demonstrates the enlightenment which the experience of protecting minorities’ rights gives China in a global view, structures the whole idea of protecting urban scattered minorities’ rights from legislative, judicial and administrative prospective respectively.The innovative point of this article focuses on taking Korean nationality in Wangjing Area as an instance under the context of urbanization, studying its impact of transition of urban scattered minorities’ rights, analyzing the constitution of urban scattered minorities’ rights and basic content of rights’ protection. And then it propose the plan of improving and perfecting the legislative, judicial and administrative protection of urban scattered minorities’ rights in the point of view of global practice. In specific institutions, it includes the establishment of the protection mechanisms and disputes settlement mechanism of urban scattered minorities’ rights, the community mediation agencies with persons understanding Korean, the professional national institutions, and the police station and local government which have staff speaking Korean.
Keywords/Search Tags:Urban Scattered Minorities, Protection of theRights, Korean Nationality, Urbanization
PDF Full Text Request
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