Study Of National Equal Rights Legalization

The right of ethnic equality is the constitutional recognition of equal rights of citizens of all nationalities enjoys the basic human rights. Ethnic equality consists with universal law of human and social development, but also the basis of relationship from long-term exchanges between people of all nationalities during the exploration and forms. However, the legal level, how to construct and improve the task of equal rights is far from satisfactory level.The author based on the connotation of the equal rights, analyses the theoretical difficulties to achieve ethnic equality, including the connotation of the right of ethnic equality, ethnic equality of legal basis, the equal rights of individual or collective of equal rights, "national care" (national preferential) and "reverse discrimination", etc.The author believes that the issues of the legalization of the ethnic equality rights must be founded on theoretical research in China, blindly, "praised" or even "obsessive" Western democracy and freedom, and disregard the nation's history and culture, which is not desirable.The author also analyzes several major difficulties in practice, including who awaken our "psychological ethnic discrimination," the embarrassment of national economic development-if it is associated with ethnic equality, national legal system of the utility crisis. The author believe that ethnic discrimination is the direct cause and the most frequent manifestations of ethnic inequality, and ethnic and regional disparities between the levels of economic development are the root causes of ethnic inequality. China has improved legislation related to equal rights protection system, but the utility crisis of the national legal system is worrying.Analyzing on ethnic equality rights, the author proposes a theoretical model of the four equality relations:form inequality- essence inequality, form equality- essence inequality, form inequality-essence equality and form equality- essencial equality.Construction of this theoretical model helps us understand the historical and contemporary national policies and ethnic relations, and has a guiding significance to improve and develop our ethnic equality relations. Finally, the author means to achieve ethnic equal rights comes down to two, first, the pursuit of substantive equality of the ethnic relations, second, protection of human rights to achieve equality.Thesis Significance:Equality is the most basic factors in political and legal philosophy, and also the human incessant quest for the common morality. Long-term stability and development, culture glowing is our common good wishes. History has proved that ethnic equality is the basis of stability and unity, cultural diversity of a multi-ethnic state, and ethnic discrimination, oppression and other acts of ethnic inequalities brought profound social conflicts, such as national barriers, forced assimilation, separatism, violence and protests, and even massacres. Achieve a unified multi-national equality is difficult and significant.China has a long history of many peoples, and the coexistence of all nationalities lives together. The topics for our contemporary ethnic relations in the equality legislation, equality of the road leading to China's legal system carried out exploration and practice, in order to further understand and think about the relationship between theory and practice of equality issues, and attempts to answer some of not yet clear and thorough and are in need or to clarify the issue.Methods: First, the historical literature study. Study the issues involved in the process of a long span of time, I collect and read a lot about the history of literature, especially the history of ethnic relations literature on the history and status of equal rights have a more clear understanding; In addition, the equality problem is a tradition problem, many scholars have been studied, these second-hand information is also very important and need to be straightened out, draw conclusions, speculate. Second: the interviews and investigation method. Equality issues are not only static, rational human practice in political and legal system, but also daily life in people's thinking, attitudes and habits on the dynamic of words and deeds. By members of different ethnic groups to visit, to help us understand the equality issues in real life the real situation, to help us understand the broader, more specific things like ethnic inequality. Third: cross-disciplinary research methods. The topics covered the issue in philosophy, ethnology (anthropology), sociology, history, law, political science, economics; Cross-disciplinary research allows us to try not to run counter to historical facts and implications of the internal relations. Fourth: the type of analysis. In social science research, the type of analysis is a more common research method, by establishing a standard, such as the chronological order of things, the inherent attributes, external forms and so on, and then classified processing. The advantage is that the maximum analysis, anatomy of the object, and forming a clearer context. Equality issues in the study, use the type of treatment, as much as possible to help identify issues to be explored.Research results and new insights:the legalization of equal rights is in the realization of the value of the pursuit of equal rights under the guidelines, through the analysis of this article and thinking, in the past in understanding the many views on equality issues has been further discernment, for legislation to protect the rights of equality to find a more adequate theoretical basis and implementation methods. The right to legal equality is the only way to equality.