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Ethnic Minority Differentiated Rights Theory Research

Posted on:2014-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2296330425979217Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Human is less a political animal and more a kind of cultural animal."It is the socialmembers that make me feel a sense of belonging, from the historical, moral, economic andeven racial aspects, which is the only way to be able to admit me, and therefore give myselfthe feeling of being someone."2Human can achieve an undivided self and gain freedom andhappiness unless he or she is in a born and bred culture. Nowadays cultural differences are sosignificant in the pluralistic society that perhaps for the cultural groups in marginal races, onlywhen making their additional appeals of culture recognized and satisfied by the country, canthey control their own cultures freely, which calling for the establishment of the differentiatedrights of ethnic3minorities.This thesis puts the ethnic minority differentiated rights as its focus, locates in the reviewand reflection of basic theories on ethnic minority differentiated rights. The definition,establishment, implementation and problem-analysis make up the thesis’ structure, aiming ata structural interpretation. The thesis is consisted of four parts apart from the preface and epilogue: the theoretical definition of the ethnic minority differentiated rights, theestablishment and the implementation of the ethnic minority differentiated rights, the coreproblem the ethnic minority differentiated rights being faced with.The first part explains related concepts about the ethnic minority differentiated rightsbriefly, which involves the classification between "majorities" and "minorities", the basicconnotations of ethnic minority and the ethnic minority differentiated rights under theperspective of cultural identification. At the same time, further distinguish on varioussemantic application of the "ethnic group","ethnic minority" and "the ethnic minoritydifferentiated right", and two basic types of the ethnic minority differentiated rights policy inpractice are also mentioned in this part.The second part is the emphasis of this thesis. For a long time, the academic circlesdiscussion on the ethnic minority differentiated rights ideas stay at the traditional level of"moral sympathy view" and "history compensation view", without further discussing the coreprinciple of ethnic minority differentiated rights. Basing on the position of multiculturalism,the thesis puts forward three questions as a logical clue, and thus demonstrating step by stepthe factual basis, ethical philosophy and political legitimacy of establishing of the rights,hoping for a deeper discussion on the theoretical proposition of "why ethnic minority shouldhave differentiated rights".In the third part, starting with a theoretical paradigm, the thesis details some importantissues when implementing the policy of ethnic minority differentiated rights, which includesthe ways of implementing the ethnic minority differentiated rights policy, the harms for thepolicies of preposed privilege and quota allocation; the dimensions of rights policyimplementation, including setting implementation period and sticking to the implementationlimitations; the thesis also discusses the main emphasis of implementing policy of the rights,expound the importance of political differentiated rights of races, and furthermore dissertatesthe complicated relationship between "political integration " and "cultural diversity".In the fourth part, the thesis combines the debates on academic ethnic-researches in ourcountry, applies the ethnic group differentiated rights theory in current social practice, analyzes two core problems faced by the field of ethnic minority differentiated rights, i.e. thebalance between ethnic minority differentiated rights and the fundamental citizen rights, andthe coordination between identification of ethnic culture and state politics. And the part isthus providing a theoretical reference for related fields in China in legislation and policyimplementation in future.
Keywords/Search Tags:ethnic minorities, differentiated rights, pluralistic culture, identity
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