The Study On The Public Law Protection Of Cultural Right Of Chinese Ethnic Groups

The protection of cultural right of ethnic groups is one of the fundamental problems, which has been focused by every country nowadays. It is the foundation of protection of cultural diversity and sustainable development of world culture, and the important part of international human rights. Our country is the multi-ethnic country, rich and diversified culture of Chinese ethnic groups and culture of Han nation have been formed the famous Chinese national culture. To discuss the protection of cultural right of ethnic groups from human rights protection visual will be Beneficial to intensify and improve the public law protection of cultural right of ethnic groups, which has got some historic experience in our country, and makes it more suitable to international trend of human rights protection and our national reality. The idea of running the country according to law and constructing harmonious society are embodied in it and the integration of our multi-cultural patterns will get better legal protection in it .It is of theoretical and practical significance.This thesis tries to find the answer for some problems, including problems about legislation value orientation, legislation system and practical function of public law protection of cultural right of Chinese ethnic groups, problems about protection prospective, protection system, civil participation in administrative practice, problem that abstract administrative action has not been brought into the scope of administrative litigation and problem about the nature of the administrative action of cultural right of Chinese ethnic groups in judicial practice under the circumstances without constitutional adjudication in our country by methods of cross multidisciplinary research, analysis, proof and so on. It is discussed that which legislative mode, administrative mode and judicial development mode should be taken to get the aim of protection of cultural right of Chinese ethnic groups under the pubic law protection of human rights.The thesis consists of four parts. The first part is the introduction about cultural right of ethnic groups. After doing the theoretical analysis of concept, attribute and factors of cultural rights of ethnic groups, which is on the basis of different definition from the domestic and foreign scholars, definition of cultural right of ethnic groups that the thesis studies is brought forward by analysis and inductive methods. That is to say, cultural right of ethnic groups is the right that collective ethnic groups create, reserve and develop their own unique material culture and spirit culture that is different from other nationalities. At the same time, the thesis keeps the attribute of cultural right on the collective right; The second part is the necessity of public law protection of cultural right of ethnic groups. This part mainly proves the theoretical and practical value of public law protection of cultural right of ethnic groups by analysing vulnerable status of ethnic groups, challenges that the culture of ethnic groups facing at the present time, special value of culture of ethnic groups and international trend; The third part is the present condition and problems research on public law protection of cultural right of Chinese ethnic groups.It mainly introduces the existing laws, statutes about protection of cultural right of Chinese ethnic groups and illustrate problems of legislation, administration and justice with some examples. Fourth part is the perfection considers of public law protection of cultural right of Chinese ethnic groups. pointing mainly to problems which discussed in third part, this part put forward some ideas relating to legislation value orientation and selection of legislative mode, perfection of concrete administrative measures, selection of development model of judicial relief.