중국 민족구역자치법의 주요내용과 문제점

Abstract

China, with its 56 different ethnic groups, is a unified multi-ethnic country. The Han Chinese (汉族) represents the absolute majority of China’s population, and the remaining 55 minority groups accumulate with approximately 114million people which takes8 percent of the Chinese population. Though, these so called “ethnic minorities” are highly outnumbered by the Han Chinese (汉族), they yet occupy 64 percent of the national territory, especially on the border areas, most of which are rich in natural resources. Therefore, Chinese government has always been sensitive towards ethnic related issues and the possible cause of antagonism. However, since the late 1980s, secessionist movements have frequently occurred in Tibet and Xinjiang area. Unlike Soviet Union, and some other Eastern European countries, it did not cause separation but led“ethnic minority friendly” policies. Moreover, the policies carried out by the Chinese government directly gave impact on the development of socialist market economy of China and political stability. The acknowledgement of ethnic minorities by law is by no means a new concept for Chinese Authorities. Even before the founding of PRC (People’s Republic of China),the Common Program of CPPCC (Chinese People’s Political Consultative Conference; held in 29 September,1949)set a keystone for enactment of laws gearing toward the ethnic minorities. The first Constitution, enacted in 1954 also retains regulations related to the former. Furthermore, through the revised Constitution, China 중국 민족구역자치법의 주요내용과 문제점 441declared that, “every ethnic in PRC are all equal, a nation guarantees the legitimate rights and interest of each minority, sustaining, and further developing the equality, solidarity, and mutual cooperation of minority ethnics. Any kind of ethnic discrimination or act of breaking ethical unity is there by forbidden.”This regulation clearly presented Chinese government’s policy principles toward ethnic minorities– against ethnical discrimination and emphasizing equality and unity between different ethnic groups. Nevertheless, the ultimate impetus to promote Chinese ethnic minorities’equality, unity, and mutual cooperation, was the enactment of The Regional National Autonomy Region Law in May, 1983. It laid basis for new socialist ethnical relationships. To align the “social reality”with to the fundamental changes caused by the economic reform, and the western development policy in the late 1990s, in 2001certain amendments were made in the Constitution. Now the Constitution consists of 74 provisions of Chapter 7 related to the ethnic minority law. Thus, The Regional National Autonomy Law is a basic legal system that regulates and solves problems of ethnic minorities. Last but not least, the Chinese minority law would be progressive on governing minorities not in uniform but with more diversified ways which will lead to a new socialist ethnic relations.