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Minority Education Being Of Legal Protection Research

Posted on:2013-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:M RuiFull Text:PDF
GTID:2246330395990781Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The minority right to education is not only a basic right for citizens, but a basic human right of international society. International law and the domestic law of many countries had made specific provision on how to ensure minority education.our country also had made some achievements in this area, but because of the restrictions of history, geography and other aspects, there is a large gap between the ethnic minority and the main body of the our nation in education right, and education fair is not fully realized.The legal statement of the minority right to education is the basic of this paper. Stating from the basic meaning of education right, then analyze what is the minority right to education and compare it with civil right to education, finally summarize the meaning features and contains of it.The legal protections of right to education includes two respects, the equal protection and special protection.The equal protection aims to give the equal legal security to all the citizens on macroscopic, which is mainly reflects equality and no-discriminatory principle in international laws,education equality and diversity. While the special protection makes up the defection of equal protection and it is the measures to really realize the essences of equality. This article introduces the experience of special protection in china, contains two aspects:preferential policy and special measures, which are provide to minority in china. At this aspects, oversea experience worth reference.The legal guarantee of minority right to education is of great significance for the development of minority citizen’s right to education, we need to research it in a deeper level, which contains the constitution protection, and legal protection and judicial guarantee.we research our minority education security situation and the existing problems.The path of the legal protection of minority right to education is the core of the paper the author divides the realization route of minority right to education into two aspects. The first one is static security.To raise the legal ideology of minority right to education in ethnic minority citizens countries,guardians and to prefect the law system of minority education from the view of constitution Jaw, administrative rules and regulations,and the local legislation are also prior protection of citizen’s rights are infringed,the other one is dynamic security,which is mainly to perfect the relief way of our minority right to education,including the perfection of administrative lawsuits and remedies and the setting of the unconstitutional reviewing mode,which are relief security after citizens rights are infringed.The author wanted to combined the two models and to improve the legal security systems of minority right to education in our country.
Keywords/Search Tags:minority right to education, legal security, education right
PDF Full Text Request
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