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Taking The Minority’s Rights Seriously

Posted on:2017-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:R DengFull Text:PDF
GTID:2296330503459014Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The development of human history contributed to the diversity of the world’s population, and the diversity of population brings the diversity of culture. The world’s a lot of people have their different cultural and ethnic characteristics. In the history of human development in the world, internal conflicts have been many times in many countries. Even in the struggle between the ethnic groups, all this is derived from the multi-ethnic coexistence. Intensifying conflict against peaceful development has been between each nation for too long, so it needed to reconcile conflicts. Many countries trying to eliminate the conflict will take some more moderate attitude, promulgate some policies or moral influence, and try to stabilize the domestic situation when coming to mediate between ethnic confliction. History proves that only by these means is not enough. Human rights, liberal egalitarian values must be increased to the basic concept of law, promulgated a series of legal policy to coordinate the relationship between the parties, to achieve social stability. Minority is an important problem in the process of social development. To protect minority rights, realizing the equality of the essence of the minority and majority of people, is not only benefiting to the long-term development of the minority, but also can promote the development and progress of the country. Today, as a civilized society, human rights calls for more and more highlight today, we must look to minority rights protection, solution culture and between different groups of rights conflict, to protect minority rights.This paper takes the perspective of jurisprudence on the development of minority rights protection makes a preliminary exploration, and divided into four parts to discuss.The first part mainly discusses a few basic questions. On the one hand, on the basic concept of the minority, introduce different stages of the development of the minority conceptual category, to distinguish between similar concepts, eventually define a few concepts are discussed in this paper., on the other hand, combing the content of the minority rights, this paper mainly introduces some major right content, provide reference for expansion of this behind.The second part mainly discusses the liberal equality theory point of view, and provides intellectual reference for minority rights protection. From the two justice principles, resource equality theory and minority group rights theory development of three dimensions to illustrate and discuss the legitimacy of minority rights protection, for the protection of minority rights to provide theoretical knowledge.The third part introduces the present situation of the minority rights protection at home and abroad. First of all, from the basic system of the whole democratic society, expounds the system in protecting minority rights advantage; Secondly, for the minority protection introduced the history and system, the main pick a few more representative treaty introduces the content, expounds the present situation of the international legal protection; Finally, the current situation of the minority protection laws of our country and existing problem, provide a reference for the back of the idea of system building.The fourth part mainly put forward some own ideas. Minority rights protection need to perfect the legislation, law enforcement and judicial three aspects of content. In constructing a complete protection system should be established at the beginning of the overall protection principles, including the international ban discrimination general principles. Legal system should be established under the guidance of basic principles; in perfecting the system at the same time should also consider the problem of reverse discrimination, to the integrity and democracy of the whole system.
Keywords/Search Tags:Minority, Rights, Equality, Special Protection
PDF Full Text Request
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