A Research On Cultural Rights Of Legal Remedies

The international convention of "Economic, Social and Cultural Rights" as the "International Bill of Human Rights," and part of the United Nations "Convention on Human Rights," was approved on February 28,2001 in China. And in 2003, The first performance report had submitted to the United Nations. However, because of the lack of constitutional litigation and legal relief on the practice of cultural rights, even if the cultural rights provision in the constitution provisions, when the cultural rights of citizens are infringed upon, citizens can only basis for the specialized legal provisions on cultural rights, request the court to provide judicial relief. Citizens through the people's court according to civil, criminal and administrative proceedings to protect their cultural rights. Faced with such conditions have not yet set up to adapt to a socialist country with Chinese characteristics, the reality of constitutional litigation, explore how cultural rights, in theory to solve the legal nature of the operational functions and powers and the court issues.Ultimately, this will contribute to our Constitution litigation theory and practice of development. Therefore, this article made the following studies.First of all, in conclusion, a large number of others on the concept of culture and cultural rights on the basis of research results, with the complexity of their own culture and cultural rights to the concept of prosperity kept simple, he people of the current world different understanding of the concept of cultural rights, seek common ground. in the concept of culture and cultural rights by definition, this concept of cultural rights to re-source of the definition, this article presented the views on cultural rights.Second, cultural rights on a large number of international protection on the international conventions, international and regional conventions carefully study, explore in depth summary and cultural rights provisions of the convention on the protection of judicial relief methods. After a detailed description of the international level, international and regional level, and the western society at the national level the right to take the protection of cultural approach, and our existing laws on the protection of cultural rights to summarize and organize. Summarized the current cultural rights on the international level to the main mode of judicial relief mechanisms for the international complaints procedure, the court accepted the way. In the major international and regional level to oversee the protection of cultural rights, regional committees or regional court accepted the judicial remedies directly. In Western societies, developed countries have adopted their own system or unconstitutional by the Constitutional Court reviewed the direct way to start the constitutional litigation protection of cultural rights. China is taking to the cultural rights enshrined in the Constitution were among the provisions of special laws to the specialized protection.Finally, on the basis of our existing legal remedies to the constitutional protection of cultural rights in the analysis, and through some typical cases to further in-depth analysis of the three legal remedies available. Come to our existing spread of cultural rights in various special laws, using three traditional legal remedies on the cultural rights of the inadequacy of legal remedies. To look forward to the future with Chinese characteristics to establish relief model of constitutional litigation.