On the implementation of Regional National Autonomy and Minority Rights Protection

Abstract minority rights protection and implementation of regional national autonomy with interdependence and mutually reinforcing relationship. Ethnic regional autonomy and minority rights should be defined as scientific, provisions should be focused on Regional Ethnic Autonomy various minority interests, and a good variety of key elements of the integrated use of in order to provide protection to the minority interest in a reliable way.

Paper Keywords Autonomy Rights Protection

Of China's regional ethnic autonomy is the Constitution provides that in order to solve the problem of domestic ethnic minorities and guarantee the legitimate rights and interests of each of the basic policy and one of the basic political system. China's national regional autonomy is a specific implementation of regional ethnic autonomy system, the basic law, the exercise of its legally guaranteed autonomy and autonomous regions to fully protect the legitimate rights and interests of ethnic minorities provide specific legal protection. Today's domestic and international interests of minorities or minority protection has become a subject of general concern theoretical and practical problems.

A regional ethnic autonomy and minority interests as defined

Visits Western context 'autonomy' comes from the Greek, meaning 'own' meaning also refers to manage their own private affairs statutory qualifications. If the Chinese Context study, 'autonomy' was coined from 'Three Kingdoms Wei Zhi Jie Mao Biography', when Mao Jie responsible for 'the right personnel' and those who recommend a rarity honest, to a certain extent, changed on the official luxury of the wind, so very pleased with this Taejo, sighed and said: 'Employers so, that all the people of autonomy, I re what is holy!.' Seen here in the 'autonomy' also contains its own govern their original meaning. In addition, scholars believe that 'autonomy' was coined from 'Records of the Historian Ji Hyo text', 'Yuji Jieyue: 'China can not be autonomous, it's for the law to ban', but similar meaning. In general, the 'autonomy' of ways, 'autonomous' is just one of many manifestations. In the usual discussion will be 'autonomous' is equivalent to 'national regional autonomy', in fact there is a big difference between the two. Just from the time point of view, 'Regional Ethnic Autonomy' appears just nearly a hundred years time, the opposite of 'autonomous' thinking and practice in the history of our country has long existed.

Of China's regional ethnic autonomy refers to national unity under the leadership of the various ethnic minority areas to achieve the implementation of regional autonomy, the establishment of autonomous agencies, the exercise of autonomy. The premise of regional ethnic autonomy is a national focus and unity, the autonomous organs of national unity under the leadership of local government, which is based on concentrated in certain areas inhabited. National minorities to establish an autonomous authority to exercise autonomy, its essence or core values ​​is to protect the minority ownership and management of the internal affairs of the nation where the rights and interests (ie equity, discussed below). Of China's regional ethnic autonomy has multidimensional understanding of attributes. First, the political philosophy attribute my early ideas or a political party advocated the early days of the Communist Party of China on many occasions that 'national self-determination.' Second, the legal text attributes, mainly refers to the determination of regional ethnic autonomy in the process of legalization, May 31, 1984 Second Session of the Sixth National People's Congress passed the 'Regional Ethnic Autonomy', marking China's first regional national autonomy law was born. Third, socialist democracy and political civilization attributes the face of reality, China's regional ethnic autonomy system has been able to reflect the nature of the essential characteristics of socialist democracy.

Sometimes referred to as minority interests in the respective rights, interests and human rights. Minorities is also one of the main human rights. Rights generally, also known as legal rights, legal relationship is subject to the interests of the behavioral aspects of empowerment and enjoyment licensed and guarantee the rights of minorities, including ethnic and political rights, economic rights and cultural rights. The interest generated and developed in the need, in general, the rights and interests are always closely related, minority rights and interests of ethnic minorities are the core issues of ethnic relations, said that if the two combined together using an interest, it refers to the the rights and interests of the general. Minority interest is in fact objectively contains the rights of minorities and minority interests of consistency.

Second, the ethnic regional autonomy provisions on minority rights

China's current generalized Regional Ethnic Autonomy, generally composed of three parts. The first part is the main body parts, including the Constitution and the Regional Ethnic Autonomy as well as a variety of regional autonomy for ethnic minorities regulations. The second part is the main regulations and administrative rules to regulate the specific implementation of national regional autonomy, but the development of the State Council administrative regulations, orders and decisions of various ministries and national regulations implementing the work as the legal issues still slightly enough, as soon as possible the introduction of Regional Ethnic Autonomy specific implementation details. The third part is the various autonomous areas develop their own autonomous regulations, separate regulations, flexible regulations and supplementary provisions and so on. Most of all ethnic autonomous areas have formulated the basic autonomy regulations, and implement a number of specific regulations developed, in addition to the special autonomous areas under the actual development of a large number of classification for Marriage and Grassland Law and other laws and supplement mutatis mutandis regulations.

The ethnic regional autonomy system for ethnic minority rights protection provisions involves wider. As is known, the implementation of China's implementation of ethnic regional autonomy system and the fundamental purpose is to 'protect the legitimate rights and interests of ethnic minorities,' as implementing this system plays an important role in the basic legal, ethnic regional autonomy would certainly be a matter of course for respect and protect the legitimate rights and interests of ethnic minorities to make the appropriate number of rules and safeguards. The autonomy of ethnic minority autonomous areas of regional ethnic autonomy is an important core content, but also the protection of minority interests in important aspects. Of legal practice in the 'autonomous organs of autonomy', mainly refers to ethnic minority autonomous areas the people's congresses and people's governments, national basis and in accordance with the actual situation in the region and features quite independently manage the nation and the region's internal affairs. Autonomous authority to exercise autonomy, on the one hand our country based on the principles of unity and autonomy should be given to the national rights of ethnic minority autonomous areas, the other is autonomous ethnic autonomy under the principle of equality should enjoy national rights. By its very nature, autonomy does not mean that the gift does not mean that privilege, but rather a right to equality and democratic rights. Trace the origin, ethnic autonomy is a kind of group rights, and in the nation is not only a legal right to exercise autonomy, while also giving the performance of other ethnic autonomous areas corresponding legal rights. In practice, the autonomy of the composition and use of the main content and other aspects, there are many different ways of division. Now that the ethnic autonomous areas have the autonomy autonomous agencies can be summarized as: legislative and training of cadres rights, the right to perform modifications, language rights, public security rights, economic, foreign trade rights, financial power, the right to education and cultural exchanges aspects such as the right 10.

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Third, ethnic regional autonomy of minority rights protection

Regional Autonomy of Ethnic Minority interests under the provisions of the type and content. Types of minority interests are varied, from a different perspective of minority interests segments. If there is space under the scope of national rights to the classification, can be divided into specific national interests in the international and the domestic national interests, national interests and national interests of other regional ethnic; such as the enjoyment of minority rights under the body, can be specific to minority interests divided for minority interests and the collective interests of persons belonging to minorities, autonomous and non-autonomous ethnic minority equity interests, inhabited by national interests and national interests of the diaspora, agriculture and animal husbandry and ethnic minority rights and interests. Protection of minority interests in the basic content of the content related to all aspects of minority rights, in general, can be divided into ethnic minority political interests, such as: the protection of the legal equality of minorities, ethnic equality, to achieve a few the nation's independence, etc.; minority economic interest, such as: the development of ethnic minority autonomous region's economic development and the enjoyment of the right to national self-help, etc.; minority cultural rights, such as: the development of various ethnic groups have their own national form and characteristics cultural undertakings and other; narrow social aspects of minority interests, such as: the development of minority culture and education, health and sports aesthetic and many other social programs.


Protection of minority interests in the operating mechanism. New China's protection of minority rights, the same need through a series of mechanisms to implement and operate effectively, there are mainly the following aspects of the mechanism. First, the legal protection mechanisms. After decades of development, China has gradually formed safeguard minority rights laws and administrative rules and regulations consisting of security system. Minority interests in the legal protection system covering specific ethnic specific political, economic, cultural, educational, health, sports and social security number of a given minority rights and protection. Second, the mechanism of judicial guarantees. Judicial guarantees embodied in practice the law of the specific operation and the operation of the whole process and mechanisms, etc., it has legitimate interests of national minorities are guaranteed a mandatory feature. In the text of the Constitution and Article 134 of the Code of Criminal Procedure Article 9 text states: 'Citizens of all nationalities have the use of the national language in court proceedings.' Derives from the Constitution and the law in each program are clearly defined Citizens have the use of the minority language of the nation's judicial proceedings right. Third, policy support mechanisms. Our series of minority policy is to adjust the handle ethnic relations and minority issues and the various measures taken by the provisions of the series combined. Minorities policy mechanism is the most direct and most specifically the operating mechanism of protection of minority rights. Fourth, the administrative protection mechanisms. By taking a variety of administrative measures and administrative measures to protect the interests of minority owners. Identified through the work of minorities, to further clarify the rights protection for minority ethnic community ownership status of the body, so as to the implementation of the national policy to create the necessary foundation of natural conditions; develop our country by taking minority areas economic and cultural initiatives supporting the effective administration, thus contributing to economic and social development of the ethnic minorities have gained enormous tangible benefits and so on.

Fourth, the implementation of regional autonomy of ethnic minority rights and the protection of critical

First, the minority itself is one of the key factors. Directly or indirectly affect the protection of minority rights and interests of their own factors, in practice, the performance of the quality of self-government ethnic groups, consciousness, ideas and ways of life, etc. It is indeed a minority interest in protection of memory power and ideological basis. The development of ethnic minority autonomous agencies, including autonomous agencies generally set whether the norms and scientific institutions, autonomous bodies related personnel age and knowledge structure is reasonable, autonomous organs staff capacity in quality meets local economic and social development of autonomy objective requirements, and autonomous agencies were able to run more efficient and reasonable terms. Minority interests in the usual sense of annoying, mainly through the effective operation of minority self-government bodies to implement and implementation, therefore, the situation of ethnic minority autonomous organs, especially the quality of minority autonomy, consciousness and ideas and lifestyles are able to the protection of national interests less significant impact.

Second, the minority is the key in which the two natural factors. Each ethnic autonomous areas are in a specific natural environment of space, so must be subject to the local natural environment and the impact of natural conditions and constraints. For example in different traffic situations and different natural environmental conditions of the autonomous areas of minority rights protection related issues, equity issues they face is certainly very different, desires and aspirations of ethnic minorities are certainly a large degree is not the same.

Third, the minority is the key social factors surrounding the three. General social factors mainly refers to the social environment of a small, specific ethnic minority autonomous areas, including economic development and ethnic relations and public information on environmental conditions. If a level of economic development in ethnic minority areas is very good, it means that the financial position is excellent, has correspondingly minority interests in the region supporting the substantive protection of course, great.

Fourth, the minority rule of law around the four key factors. Protection of minority interests in various regions of the adequacy of supporting the law, judicial activities in ethnic minority areas can effectively use the legal safeguards relevant interests, must directly affect the local degree of realization of minority rights protection.

Fifth, the minority is the key international factors faced by the five. Ethnic issues in today's world by international factors, mainly refers to the field of international relations stakes a great influence on the international environment can influence the appropriate safeguards for minority interests in words and deeds and activities. Some Western countries are often under the banner name of nation and democracy, human rights cause distortion of the human rights of ethnic minorities, especially the cause of relevant examples and further unprovoked attacks and accused the country's minority interest in security policy, and to seize the international discourse on subjective the right to carry out attacks. Especially in recent years, some countries secretly support the 'Tibetan separatist' and 'East Turkistan separatists' and other ethnic separatist forces, wantonly engaged in ethnic separatist activities, objectively affected the protection of the interests of ethnic minorities to promote the cause.

In short, the implementation of regional national autonomy, has put the focus on national unity and equality of all ethnic autonomy and a good combination, is to protect the legitimate rights and interests of ethnic minorities an important basis vectors. In the current complicated situation, to fully protect the legitimate rights and interests of ethnic minorities, we must comprehensively implement the scientific Regional Ethnic Autonomy.

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