On The Legalization Of Chinese Citizens' Cultural Rights

The realization and guarantee level of the cultural right symbolizes the degree of the country's modernization civilization,it also provides the essential condition for the healthy and benign development of the modern culture,whether it is the expression of the people's growth demand or the embodiment of the government service idea.However,in the present China,cultural rights are obviously neglected,which is regarded as a subsidiary of civil Rights and economic rights.Moreover,the State's legal protection against cultural rights is obviously not actionable,which leads to the overall realization of the right of civil culture in China is not a special ideal.The 18 session of the four plenary meetings on the rule of Law promulgated the relevant decisions,in the decision,the Central Committee of the Communist Party made clear: to ensure that the implementation of a number of economic rights,social rights and cultural rights enjoyed by citizens,through the channels of legal construction to provide protection for the realization of civil rights.Under this background,it is very important to explore the realization and guarantee of the legalization of the citizen's cultural right.The study has a total of three parts as follows:The first part summarizes the meaning of cultural rights,the development of Cultural rights,the definition of Cultural rights,basic elements,specific features,the development process to be discussed.In the author's view,the cultural right contains many levels of content,namely the right to education and cultural information,creation,identity,cooperation,participation,as well as the right to enjoy scientific and technological progress and the author's legitimate rights and interests to be protected.The second part analyzes the reasons why the cultural rights enjoyed by our citizens have been blocked in the process of realization.First,the cultivation of citizens ' awareness of Cultural rights through human rights education;Secondly,strengthen cultural identity in the citizens to establish a mutual respect in the cultural rights of the cognitive model;Thirdly,through the construction of the rule of law for the realization of cultural rights to provide a good guarantee;Finally,efforts should be made to build and construct cultural environment and promote the realization of cultural rights.The third part discusses the construction path of the legalization of the realization of cultural rights.For the study of Cultural rights,the most fundamental goal is to better realize the civil Cultural rights in the process of legalization.According to the present situation of the realization of the cultural rights in our country,the countermeasures are put forward from three aspects of legislation,judicature and law enforcement.Firstly,we should clarify the subject of obligation from the angle of legislation,secondly,standardize the development of cultural market from the aspect of cultural governance,and thirdly,how to regulate and restrain the government from the angle of judicature.At present,our country,under the background of this cultural power,whether it is the idea of the civil cultural right or the practice need to be strengthened.Therefore,whether it is to the realization of the purpose of human rights protection,or to the construction of the rule of law country,the all-round,from the legal level to give the protection of cultural rights,are all due.