| Socialist legislative culture cultivation is an integral part of Chinese characteristics culture and provides strong support to the establishment of national legislation.Fully exploit ethnic culture resources,promote the build-up of ethnic regions’ legislation governance culture,can forge stronger Chinese ethnic unity,and serve as importance to the development of Chinese legislation system.The report from the 19 th National Congress of the Communist Party of China emphasizes that efforts should be made to make the people feel fair and just in every judicial case.This requires citizens to consciously practice the core communist values and the communist concept of rule of law,implement the relevant deployments of the Central Government on strengthening and improving ethnic work,adhere to justice for the people and fair justice,guarantee the basic rights and litigation rights of citizens in ethnic areas in accordance with the law,and meet the diverse judicial needs of the people.At the time the report was drafted,the ethnolinguistic litigation in China has been concentrated on five ethnolinguistic litigations,namely Mongolian,Tibetan,Uyghur,Korean and Kazakh,of which the Korean language litigations are conducted in courts at all levels in Yanbian Korean Autonomous Prefecture(hereinafter referred to as Yanbian District).This paper places the issue of ensuring the rights of ethnolinguistic litigation in the context of the Marxist theory of human rights protection,ethnic equality,and the theory of language equality,and attempts to address the issue from an ethnic and legislative standpoint.Through field studies and in-depth interviews,the paper takes Yanbian District as the case-study region,through researching ethnolinguistic litigation to gauge the development status of ethnic regions’ legislative culture.Meanwhile,through relevant literature,the paper reviews the development of the right to litigate in ethnic languages in China,and show the current legal system of safeguarding the right to litigate in ethnic languages in China,so as to make some high-level discussions on the ways to solve the problem of litigation in Korean language in Yanbian District and even in other ethnic languages,and provide a basis and reference for the formulation of relevant policies by the national and local governments in the future,which are ultimately conducive the grand goal of China’s ethnic regions’ legislative culture build-up and establishing a law-based socialist nation.The paper consists of three parts: introduction,body,and conclusion.The introductory section starts from the origin of the selected topic,discusses the purpose and significance of this study by sorting out relevant research developments at home and abroad,and selects the research method,so as to prepare for the development of the main part.The main body is divided into four chapters.First,we examine the overview of the construction of legislative culture in ethnic areas in China from a macro perspective,and take ethnolinguistic litigation as a breakthrough to study the implementation and feedback of the effect of the construction of legislative culture in ethnic areas.Then we focus our attention on Yanbian District,review the history of the construction of legislative culture in Yanbian District,analyze the reasons and social benefits of using ethnic languages for litigation,and introduce the current situation of ethnolinguistic litigation in Yanbian District.In order to better understand the current situation of ethnolinguistic litigation in Yanbian region,the author selected169 ethnolinguistic litigation cases and some foreign-related cases heard by Yanji People’s Court from 2016 to 2020,summarized the characteristics of different case types,analyzed the commonalities and differences between different cases,discussed the focus of ethnolinguistic litigation in Yanbian region,and considered the direction of building rule of law culture in ethnic regions.Chapter 4,challenges that Yanbian District ethnolinguistic litigation faces.Chapter 5,explores the new path of legislative culture establishment in Yanbian District.The focus is on how to activate legislative flexibility in autonomous regions to promote the rule of law,flexibly using social media to deepen legal education,promote the idea of fairness and justice in the construction of the legal system in ethnic areas,and improve the construction of the rule of law system and regulations in the Yanbian region.Find the shortcomings of judicial team construction,improve the bilingual judicial workers selection mechanism,optimize the ratio of bilingual judicial workers,improve the business quality of bilingual judicial workers,and strive to create a smart,competent and fair judicial team for the people,and strive to turn the shortcomings of judicial team construction into a strength.Continue to strengthen the construction of legal materials in ethnic languages,timely follow up the issuance of legal translations,the preparation and publication of reference tools for case adjudication,expand the scope of application of the "Procuratorate Dynasty Chinese translation software" for bilingual judicial workers to complete the mission.Thinking about how to make both the rights of ethnolinguistic litigation groups are protected,but also ensure this group is not subjected to litigation vulnerability,forge a firm sense of Chinese national community,and promote national unity and common development.Chapter 6 provides an overall summary of the paper.In the process of building the socialist legislative rules with Chinese characteristics,the legislative cultural positions in ethnic areas carry many important from a historical evolution perspective,and bear the major responsibility of promoting the construction of socialist legislative culture.How to realize both the overall interests of the Chinese national community and the specific interests of each ethnic group,enhance the level of rule of law in the governance of ethnic affairs,and jointly build a socialist state under the rule of law are important problems in the ethnic regions. |
PDF Full Text Request