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On The Protection Of Human Rights Of The Minority

Posted on:2018-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HeFull Text:PDF
GTID:2356330536456743Subject:International law
Abstract/Summary:PDF Full Text Request
With the gradual escalation of tensions between national groups,ethnic groups and religions,especially the outbreak of the European refugee crisis,the issue of human rights protection for minorities has to be placed before us again.Every country has minorities,and if minorities are instability,the instability will spread to the rest of the world,and even to say that all the instability in the world is associated with minorities.The concept of minority does not exist in China,it's an international concept.But in China,the national minoritiesexist as minorities,Chinese national policy has always been to take the effort to the harmony and development between national minorities and majorities.Though these policies have a lot of positive effects in many aspects,the regional autonomy policy is facing many problems.Because the regional factors may not only bring about the hidden dangers of splitting the country's territory,but also the phenomenon of minority in the minority areas.In this paper,I hope that through the study of this issue,I can provide some theoretical reference for solving the problems of China's national groups.Based on the definition of minorities,through the legal analysis of minorities' human rightsprotection,and combined with the national conditions of China,this article analyzed some problems arising from the application of minority protection policy.Through the legal analysis in these questions,trying to put forward some solutions to breakthrough.Therefore,the regional national policy can really return to the essence of human rights,and the realization of national rights is no longer based on a particular area,but on the territory of the whole country.In the first chapter,by organizing the definition of minorities in the academic and practical circles,from the broad and narrow angles,put forward a definition based on this article's understanding.Combined with the key elements of minorities,this definition will become more accurate.The second chapter explained the minorities in Chinese territory means national minorities,at the same time,there is no ethnic minorities in China.In addition,either language or religious minorities can be attributed to the national minorities,so speaking minority rights protection in Chinese territory,is actually speaking national minority rights protection in China,it limits the scope of this article.The third chapter analyzed the legal theory of the protection of minority human rights,that is why it is necessary to protect minorities.The fourth chapter analyzed the current situation and problems of the minority rights protectionin China,and analyzed the causes of these problems.The fifth chapter put forward three innovative protection paths,namely shiftthe national autonomy based on the factor of regionto the national autonomy based on the factor of individual,the national equality judicial institutions for the judicial protection of national autonomy based-on individual and the participatory democracy with Chinese characteristics of democracy and deliberative factors.
Keywords/Search Tags:Minorities, National Minorities, Affirmative Action, National Autonomy Based-on Individual, Protection of Human Rights
PDF Full Text Request
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