On The Judicial Protection Of The Cultural Rights Of Ethnic Minorities

Ethnic culture is an important part of our culture.However, such as thedevelopment and fusion of world culture，the impact of foreign culture and thestrengthening of globalization,all these factors have made a great effect on our culture.During this process, ethnic culture has to face dual effects, one of which comes fromthe modernization process of China and the development of the market economy, theother is from foreign culture of international exchange. With the booming of economy,the commercial value of ethnic culture has been increasely recognized. Nevertheless,the ethnical rights may be easily infringed upon when traditional ethnic culture iscommercially developed,and once infringed, the relief problem arises. Ingeneral,it’s considered a way of inheriting and developing culture when members ofethnic minorities learn and use their own culture. Yet infringement problem such asbenefit sharing may appear if people make use of it commercially. Rich and colorfulethnic culture usually contains high value especially in the marketeconomy.Undoubtedly, ethnic minorities has the rights to benefit from it. Whereas,their rights are not protected in reality. In this paper it’s supposed to discuss in whichrefers to offering judicial protection to the cultural rights of ethnic minorities whencommercially developed.This paper comprises four parts, including analyzing the meaning, nature of thecultural rights of ethnic minorities, inducing the practice about it, then selecting twotypical cases to analyze and finding arguable problem in judicial practice, lastlyintroducing the public interest litigation system to perfect the judicial protection andexplaining it on the specific procedure.The first part is the theory analysis of the cultural rights of ethnic minorities. Itincludes the definition, nature, basic element of the cultural rights of ethnic minoritiesand the social significance of protecting it. The subjects of the cultural rights of ethnicminorities should be multiple subjects; The object is traditional ethnic culture and knowledge which can be divided into five categories; The content includes the rightto remain cultural dignity、use the national language、protect and develop traditionalknowledge、benefit from traditional ethnic culture and knowledge、promote anddevelop the national customs and habits and get religious belief freedom. Ethnic cultureplays an important role in agglomeration nationally symbol and image as well as thespiritual home.The second part is to induce the practice of protecting the cultural rights of ethnicminorities. It‘s conducted from the legislative、administrative and judicial viewpointand comes to the conclusion that the judicial protection is significantly behind thelegislation、administration protection.The third part is the introduction of two typical cases and the analysis of problemssuch as the subject of rights in cases and the existence of infringement cases.The last part is to make suggestions to perfect the judicial protection on the culturalrights of ethnic minorities.It’s necessary to regard the litigation about protecting thecultural rights of ethnic minorities as public welfare lawsuit.And this is explained indetails from the perspective of the right of action、the litigious nature and the specificprocedure.