Reflect On Jurisprudence On Minority Rights In Constitutional Protection

The confirmation and protection of minority and its members'rights in nations, religions and languages is an important part in international Human-rights protection. Protecting minority from discrimination and violation is one of the oldest problems that is concerned by modern international laws. The law regulates and coordinates the social relations by confirming rights and obligation. This thesis describes the efforts that international community attempt to define minority, displaying divergence of this important issue among international community, trying to explain and defend the legitimacy of minority rights to the effect that the possible ways will be explored to solve this problem.As a part of social vulnerable groups, minority rights have gained the attention of the countries worldwide. However, different countries hold different opinions in terms of minority rights protection. This dissertation describes the content and justification of minority rights by comparing different protections made by different countries. Combined with the status quo of protection in China, the author put forward some opinions. By virtue of the speciality of minority issue, it is difficult predicting the orientation of minority rights overall and precisely. The author only makes a general perspective for the trend of future development of minority rights.The theme of this dissertation is the Constitutional protection of minority rights. Combined with the status quo of protection in our country, this dissertation starts elaborations from the perspectives of the definition of minority, the content of minority rights and its justification system. The author proposes some viewpoints and outlook of his own.Chapter I introduces the ontology of minority rights in Constitutional protection. By analyzing the conception of minority, law connotation of minority and prescription of minority rights in Constitutional protection, this chapter reveals different points of view and arguments of modern international society towards minority rights and the author puts forward his own viewpoint.Chapter II expounds the status quo of minority rights protection by fully explaining the protection status quo overseas and inland. Through the understanding of the status quo, the developing history of minority rights can be grasped better.Chapter III discusses the contents of minority rights. In this section, contents of minority rights is approached from 3 different respects, including minority rights in International Human-Rights-Protection System, details of minority rights and the relations of multicultural models and minority rights. Besides, minority rights and basic Human Rights, minority rights and indigenous peoples rights are also respectively compared and analyzed.Chapter IV discusses the justification of minority rights protection. The justification of minority rights protection is demonstrated from 2 aspects–equal treatment and special protection, group rights and individual freedom.Chapter V canvasses the guarantee of minority rights in the Constitution of the People's Republic of China. This chapter contains 3 parts– main part of the minority rights guarantee in the Constitution of the People's Republic of China, ways of guaranteeing minority rights and details of minority rights in the Constitution of the People's Republic of China guarantee.Chapter VI researches on how to improve minority rights protection and the expectation of minority rights. By elaborating and discussing the above minority rights in the Constitution of the People's Republic of China guarantee, the author puts forward some proposals of theoretically changing in thought and strengthening the system for minority rights protection.