A Study On The Protection Of Public Law In Minority Villages

The protection of Minority Villages is not only related to the continuous inheritance of ethnic traditional cultural diversity,but also to the sustainable development of economic and social development in ethnic areas,and thus a solid foundation for national unity and solidarity.Since 2009,with the introduction of a series of national policy of tendentious protection,protection work has achieved remarkable results.But in the implementation of the policy there are still some unprecedented new situations and new problems.The fundamental reason is that the policy relies solely on policy promote.The arbitrariness is too large.It can not form a set of scientific,standardized,proper operation of the program and lack of legally systematical protection.This article mainly focuses on the legislation,administration and judicial aspects,and discusses the establishment of the public law protection system of ethnic minority villages.Which is divided into four parts: the first part,the overall overview of the characteristics of minority villages.First of all,this paper focuses on the concept of minority villages and the content and policy of protection and development.It tries to combing the origin of policy of protection and development policy of minority villages.Second,this paper tries to discuss the necessity of the protection and development of minority villages based on weak position of minority villages,the influence of modernization and urbanization and the special value of the villages.Finally,based on the analysis of the subject,the object and the content of protection of minority villages,this paper proposes the mode choice of the public law protection of minority villages.The second part,from the three aspects of the minority cultural rights theory,the theory of national obligations and cultural consciousness theory to discuss the legitimacy of public law protection of minority villages and to set the legal basis.The third part,combined with the case of Enshi Prefecture,this paper analyzes the application of public law protection in the legislation,judicature and administration of minority villages,and points out that there are lack of legislation,administrative protection and judicial relief channels to the protection of public law in minority villages.The fourth part puts forward the countermeasures to improve the protection of the public law of minority villages in China from three aspects: constructing the legal system of public law protection,perfecting the administrative security function of the government and increasing the judicial relief.