A Study On The Legal Protection Of Tibetan Tibetan Cultural Rights

Social and Cultural Rights Protection for Minorities today as a major fundamental issues of human rights protection of minorities, it has been the concern of countries around the world. Minority and cultural rights is an important part of the international community to protect human rights, but also the foundation of the world to protect cultural diversity, but also to promote world culture Sustainable Development. China is a multiethnic country, and the well-known Chinese culture is constituted of the colorful ethic culture of the fifty-five ethnic groups and the long standing Han nationality culture. The Tibetan is one of the nationalities with long history and culture great family of the Chinese nation. And in the course of development for thousands of years, the Tibetan culture of rich content and distinctive features is formed, therefore it can said that the Tibetan culture is a bright pearl in the crown of Chinese national culture. As one of the most important settlements of Tibetan nationality in China, the Tibet Tibetan Autonomous Region has a vital and irreplaceable significance for the inheritance, development and protection of Tibetan culture. However, with the accelerated pace of urbanization, modernization and globalization, the Tibet Tibetan traditional culture formed in the unique living environment, religious belief, and natural taboo of the plateau has suffered great impact, on the one hand, it has been spread widely and rapidly, while on the other hand, it has also under the influence of other cultures inevitably. The frequent exchanges of various cultures at home and abroad make the Tibetan culture has been influenced by foreign culture, especially more and more people begin to realize the huge commercial value of Tibetan culture. Therefore, how to develop, use and protect Tibetan cultural rights in business, and how to protect the Tibetan culture with low commercial value have become urgent problems to be solved.On the protection of the cultural rights of ethnic minorities in China from the perspective of human rights protection of public law is not only conducive to further deepening the theoretical research on the protection of public law in the minority nationality culture in China, but also constantly improving the legal protection mechanism of minority nationalities in China, so as to make it more in line with the international human rights protection and the development trend of China’s society and better reflect the idea of building a harmonious society in accordance with the law of our country, so that the pluralistic integration pattern of Chinese culture can be protected effectively through legal mechanism, which is undoubtedly an attempt of theoretical and practical significance. The author adopts such methods as multidisciplinary integrated research, analysis and demonstration to conduct this research, and starting with the theory of minority cultural rights, a series of challenges to the legal protection of the cultural rights of the Tibetan people in Tibet and the present situation of its legislative, law enforcement, judicial and legal awareness level have been deeply studied in this paper. What’s more, the possible problems of the legal protection of the Tibetan cultural rights in Tibet and the reasons for these problems have also been analyzed. The purpose of this paper is to solve the problems existing in the legislation value orientation, legislative system, operation of Tibet Tibetan cultural rights protection of public law, and the problems in security perspective, security mechanism, and citizen participation during specific administrative practice through the analysis of these aspects. What’s more, in judicial practice, and under the premise of no judicial relief system in the constitution, the principal problems are: abstract administrative action in administrative litigation has not been included in the scope of administrative litigation, and the nature of administrative litigation of minority cultural rights cannot be determined, etc. And under the public law guarantee system of human rights, only explore adopting what kind of legislative mode, administrative pattern and what kind of judicial development mode, can the Tibet Tibetan national cultural rights be protected.