Conflict With Tuning: Buddhist Temples Research, Education And Basic Rights Of Compulsory Education Relationship

Everything is charming, the beautiful Xishuangbanna, the centuries-old Dai's culture and the glorious Pattra-leaf culture. For a long time, Dai inherit its traditional culture with a special kind of pattern—temple education. All the Dai boys have to become a monk when they are7-years-old, and learn on the teaching of Hinayana, Dai's traditional borderism and the culture of their own ethnic group. And they will become intelligentsia when they secularization. They see temples and abbot as schools and teachers. Such traditional pattern of education, which contain the double connotation both of religionary faith and the cultural rights of ethnic group, is in the face of a huge which from the a series of legal arrangement of compulsory education system as an representation of the right to receive education. How to make a choice? Becaoming a monk or a student? School or temple? The collision between tradition and the mordern, fundamental right and the other ones, national laws and customary laws, culture of ethnic group and mainstream civilization, are all the main points we pay attention to.Before the main parts, there is a preamble mainly for explaining the basic and precondition problems. It includes origin of the issue, the background, significance and actuality of the correlative research, innovative points, emphases, difficulties and the researching ways and means. The straight matter should be divided into three parts. The first part makes a comprehensive and in-depth description on the history, actuality and the up to date development of the relation between the temple and compulsory education in Xishuangbanna. And it also provides appropriate precondition explanation and the inductive. There are two chapters in this part. Chapter1introduces the basc situation of Xishuangbanna, Dai in Xishuangbanna, Hinayana and Dai's temple education. Chapter2commits itself to introduce the status quo of the temple and compulsory education, with the basis of indagation and positivism analysis. It includes many important parts as follows: precondition explanation about the indagation, the status quo of the temple and compulsory education, actual countermeasure to such collision and the new current and development. These two chapters juest exsist for putting forward problems. They provide a clear and integrate swatch for the following analyse.The second part make a law analyse to the relation between the temple and compulsory education in Xishuangbanna. It is the comprehensive and in-depth argumentation with the view angle of theories, criterions, compares and cases. Its content includes theory of the collision between different congstitutional rights which is regarded as the core, especially the collision on identical person which is first pointed out by this study. With this basis, there are other different collisions between different rights, different powers, rights&powers, and national laws and customary laws. This part includes four chapters as follows. Chapter3makes meticulous pectination on the theories of fundamental rights which have correlation with temple and compulsory education to construct a basic analytical framework of the collision between different rights. There are four improtant parts such as the right to receive education, the freedom to religionary faith, the freedom to nationalities'own folkways and customs and the freedom to use and develop nationalities'own spoken and written languages. Chapter4focuses on the basal theory of the collision between different congstitutional rights. It contains some important elements such as basic connotation and category, countermeasures to this kind of collision in traditional visual angle and relevant analysis, and the new characteristics when the conflicting fundamental rights belong to the same person. As a complementarity Chapter5relates to other kinds of collision between different rights, different powers, rights&powers, and national laws&customary laws. These two chapters are combined with Dai's education issue tightly. Chapter6focuses on comparing Dai's problem with different ethnic group (such as Bulang, Tibetan and other ethnic groups believe in Islam), country (such as USA and Canada in America, Germany and Russia in Europe, Japan and Thailand in Asia),area (such as Taiwan) and the typical cases (such as Wisconsin v. Yoder(406U.S.205(1972))). All in all, comparative analysis in the core way in this chapter. All in all, these four chapters are focus on analyse with the angle of law.The last part is with the hope of providing scientific countermeasures to Dai's education issue. With the basis of issus description and the law-analyse, providing countermeasures becomes the core pivot of the whole study. This part has two chapters:the guiding ideology and the implementary system. Chapter7focuses on the issues as follows:the Pattern of Diversity in Unity of the Chinese Nation which as native resource, the multiculturalism which as foreign reference, the contermeasure to conflicting fundamental rights belong to the same person which as core way, and the legalization which as a conter-logic. As the last chapter, Chpter8provides details of the legalization mentioned above, includes the developmental system of Dai's traditional culture bases on compulsory education (the basic system), the guarantee system of Dai's traditional culture bases on compulsory education (the supporting system), the developmental system on inheritance of Hinayana bases on temples (the important system) and the legalization of the temple education in Xishuangbanna (the core system).Morever, in the part of other discussion, the study makes some expanded research on relative issues. Such issues are not be brought into the study because of the pureness of framework, limited space, over macroscopical level and so on. But we have no doubt that their importance to this research. May the prompt here should makes academe to pay sufficient attention to them.To sum up, the article tries to constribute a compatible institutional framework to harmonize the education of ethnic groups'traditional culture and the national compulsory education, with the visual angle of collision between different legal elements, the guidance of the Pattern of Diversity in Unity of the Chinese Nation and the multiculturalism, the target of construction of legal system. And also choose this moment to develop the theories of law.