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On The Constitutional Guarantee Of The Right To Cultural Development Of Chinese Citizens

Posted on:2021-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:L LuoFull Text:PDF
GTID:2416330623973737Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The right to cultural development refers to a basic human right,in which the individual and the collective are the main body,to develop the unique cultural details and forms of their own country and nation in a certain way with dignity,and their development interests are guaranteed.It is a new human right based on the right to culture and centered on the right to development.With the continuous development of society,the People's demand for cultural development is growing,and the right to cultural development gradually appears in every aspect of life.As an important yardstick for measuring the development culture of civil liberties and equality and the guarantee of human rights under the rule of law,for building a strong socialist culture,promote the all-round development of people and build a socialist harmonious society has great practical significance.However,due to the short time that the right to cultural development has been put forward and the lack of related theoretical research and practical achievements,the right to cultural development has not been given due attention.In order to effectively realize the function and value of the right to cultural development,the author believes that the right to cultural development can be studied from the perspective of constitutional protection.So what is the right to cultural development? What is the legitimate basis for the existence and development of the right to cultural development? What significance does the constitutional guarantee have to the citizen Culture Development Right? What is the status quo of the constitutional guarantee of citizens' right to cultural development? What are the problems? How to solve and perfect it? This paper is based on this logic of the right to cultural development of citizens to explore the constitutional protection,analysis.This thesis is composed of four parts:The first part is an overview of the right to cultural development.Starting with the concepts of cultural right,development right and cultural development right,and based on the concepts of culture and development,viewing cultural development right fromthe perspective of cultural right,viewing the right to cultural development as an opportunity from the perspective of the right to development,this paper analyzes the basic theory of the right to cultural development,and explains the significance of the constitutional guarantee of the citizens' right to cultural development,to improve the constitution to protect the right to cultural development of citizens to provide a theoretical basis.The second part discusses the protection of international legal documents to the right to cultural development.Based on the international legal documents of the right to cultural development,the relevant provisions of international legal documents on the right to cultural development and the implementation of the protection of the right to cultural development,this paper draws inspiration for the constitutional protection of the right to cultural development of citizens.Taking into full account the basic reality of our country,and fully drawing on the experience of guaranteeing the right to cultural development of citizens in international legal documents,we explore a characteristic path to guarantee the right to cultural development in line with our constitution.The third part analyzes the status quo of the protection of the right to cultural development by the Constitution from the perspective of empirical analysis.Starting from the provisions of the Constitution of our country on the right to cultural development,the characteristics of its protection are analyzed,and find out the concrete problems that our constitution guarantees the right to cultural development of citizens,that is,the right to cultural development has not been established as a constitutional right by the constitution,the constitutional consciousness of the right to cultural development of citizens is not strong,and the constitutional relief of the right to cultural development of citizens is not sufficient,and analyzed these questions.Thus for consummates our country constitution to safeguard the citizen culture right of development to provide the method and the path.The fourth part puts forward some concrete suggestions to perfect the constitutional guarantee of the right to cultural development of Chinese citizens.The constitution guarantees the right to cultural development of citizens from the national level and the level of citizens.Specifically,the right to cultural development can be promoted by establishing the right to cultural development as a constitutional right,establishing and respecting the constitutional awareness of the right to cultural development of citizens,and promoting the constitutional guarantee of the right to cultural development of citizens as a Constitutional review,perfecting the protection ofthe right to cultural development of citizens in the constitution of our country.
Keywords/Search Tags:Citizen, Right to cultural development, Constitutional guarantee
PDF Full Text Request
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