中国散居少数民族权利保障研究

Abstract

The scattered distribution of ethnic minorities in China has increasingly deepened, and the protection of the rights and interests of scattered ethnic minority has become more and more important. Since the founding of the people's Republic of China, China has implemented the system of regional national autonomy, and has gradually formed a system of national laws, including Constitution, the Law on Regional Ethnic Autonomy, departmental laws, administrative regulations and local rules, as well as autonomous regulations and separate regulations. In order to ensure the equal status of the scattered ethnic minorities, the measures safeguarding scattered ethnic minorities have been stipulated for the election of deputies to the National People's Congress, the right to perform official duties, the right to equal employment, the right to operate, the right to use spoken and written language, the right to education, customs and religious beliefs in the three aspects of politics, economy and culture. However, there are still some problems to be solved in the protection of the rights of scattered ethnic minorities. For example, the definition of the concept of scattered ethnic minorities is not clear; The provisions of local regulations on the protection measures for the rights of local scattered ethnic minorities are simply restated or transformed from the provisions of the upper law, which is failed to formulate corresponding measures according to the actual situation of this place, so the operability is not strong. In order to better protect the rights of scattered ethnic minorities, we should strengthen the legislative work of local regulations related to the protection of the rights of scattered ethnic minorities, improve the operability of rights protection measures. At the same time, formulate a special law on the protection of the rights of scattered ethnic minorities to unify the definition of the concept of scattered ethnic minorities, and clarify the minimum standards or directions for the formulation of measures to protect the rights of scattered ethnic minorities..