Research On The Protection Of Minority Language Rights In Litigation

The study of right discourse has always been the meta proposition of theoretical law research,which is not only the logical starting point of theoretical law research,but also the need of objective entity.Especially for the litigation right that based on language,it has belonged to the category of the discussion of natural rights since ancient times.Although there are diversified rights protection and relief mechanisms,from the perspective of the practice of minority language rights,the public relief that based on the judicial organs gradually dominates.This process will inevitably be accompanied with the collision between the need for minority rights protection and the actual performance of the judicial protection mechanism.At present,the construction and perfection of the safeguard mechanism of minority language rights in litigation are obvious to all.However,there are still something unsatisfied.And there is a certain gap with the successful examples of foreign multinational countries.Based on the needs of bilingual litigation practice and the background of the judicial system reform and innovation in China under the rule of law in the new period,thisthesis takes the judicial practice pattern of Inner Mongolia Autonomous region as a case to study the protection mechanism of minority language rights.It has certain theoretical significance and practical value to use native language and characters in litigation.By extension,we can explore in depth the weak aspects of the safeguard measures for minority language rights in China,especially the problems of software and hardware in the field of judicial practice.It includes: the imperfection of the management and training mechanism of the bilingual judges and litigation translators,the lacking of decision basis of bilingual or national language translation,and the insufficient information construction of national district courts.On this basis,we should build a scientific and reasonable guarantee mechanism for minority language rights.Firstly,we should follow the principle of independence,the principle of neutrality of judges and the principle of equal rights in litigation in the field of judicial practice.Second,we should perfect the normative basis of adjudication,deepen the training mechanism of bilingual talents,enhance the financial support,and promote the modernization of the court from the angle of optimizing specific measures.It is also indispensable to protect the minority language rights,Including promoting the international exchange of judicial ideas and practical experience,and deepening the quality and efficiency of judicial adjudication documents in minority languages.