中国少数民族地区法学教育初探

金香兰,王艺宁 한중법학회 2021 中國法硏究 Vol.45 No.-

2012년 5월 28일, 중국공산당 중앙위원회, 중화인민공화국 교육부는 연명으 로 탁월한 법률인재 양성 계획 업무회의를 개최하였다. 이는 “탁월한 법률인재 양성 교육계획”이 공식적으로 시작되었음을 의미한다. 중국 법학교육의 질은 많이 향상 되었다. 2018년 2월, 중국교육부 법학유형 전업 교육지도 위원회는 <보통고등학교 법학유형 본과 전업 교학 질량 국가기준>을 발표하였고, 이에 는 인성과 능력을 모두 겸비하고 튼튼한 이론지식과 실무능력을 갖춘 종합적, 응용적, 참신적인 인재들을 양성해야 한다고 밝혔다. 동년 9월, 교육부와 중앙 정법위원회는 연명으로 <인성과 법학지식을 모두 갖추고, 탁월한 법률인재 교 육 양성 계획 2.0>을 발표하였다. 이는 중국 법학 교육과 법체건설이 부단히 앞으로 발전하는 것을 보여주는 징표이다. 중국 법학교육이 지금까지 발전하 여 전반적인 교육의 질은 부단히 향상하고 있다. 하지만 소수민족 지역의 법학 교육의 특성은 두각되지 않고 있다. 중국의 ‘일대일로’건설이 부단회 심층화 되고 대외개방 정도가 부단히 향상 되고 있어서 법률인재에 대한 수요도 날이 갈수록 많아지고 있다. 고등교육기 구의 법학교육이 경제발전, 특히 소수민족지역 법학교육이 어떻게 하면 소수민 족지역의 경제발전에 복무할 수 있는지가 하루빨리 해결해야 하는 과제이다. 본문은 중국 소수민족지역 법학교육의 목표에 대한 분석을 통하여 중국 소수 민족 지역 법학교육이 실천하여야 하고 발전해야 하는 방향을 제시해 보고 그 러한 발전에서 직면하는 현실적인 도전들을 탐구하여 향후 발전에 대한 건의 를 제출하였다. 이를 통하여 중국소수민족 지역 법학교육의 발전에 기여하고자 한다. On May 26, 2012, The Central Committee of the Communist Party of China and the Ministry of Education of the People’s Republic of China jointly held a working meeting on the Education and Training Program for Outstanding Legal Talents, marking the official launch of the Program for the Education and Training of Outstanding Legal Talents. The level of legal education in China has been greatly improved. In February 2018, the National Standard for the Quality of Undergraduate Teaching in Law in General Higher Education was issued by the Steering Committee of Law Professional Education of the Ministry of Education of China, it is pointed out in a document that it is necessary to train talents with a solid theoretical basis and practical vocational skills of the composite applied innovative talents and reserve forces. In September of the same year, the Ministry of Education and the Central Committee of Political and Legal Affairs jointly issued the Education and Training Program 2.0 on Adhering to The Law of Germany and The Implementation of excellence in the Rule of Law, which is also an important sign for China’s legal education and legal system construction to move forward. Since the development of law education in China, the overall quality of education has been continuously improved, but the advantages and characteristics of law education in minority areas have not been fully apparent. With the deepening of China’s “Belt and Road” construction, the level of opening up to the outside world and the increasing demand for legal talents, how to deal with economic development in university law education, especially how legal education in ethnic minority areas serves the economic development of ethnic minority areas, has become an urgent topic to be studied. Starting with the goal orientation of law education in minority areas of China, this paper analyzes the practical development of law education in ethnic minority areas of China, explores the practical challenges it faces in its development, and makes suggestions for future development, with a view to helping the development of legal education in ethnic minority areas of China.

新中國 少數民族幹部政策 60年

김일억 중국사학회 2011 中國史硏究 Vol.72 No.-

중국의 성장 발전과 더불어 중국소수민족간부정책(少數民族幹部政策)이 시행된 지도 벌써 60년이 지났다. 60년 동안 중국의 소수민족간부정책을 회고해 보면 대체로 4단계로 구분해 볼 수 있다. 1단계는 개혁개방 이전인 확립 시기로 1949년부터 1978년까지이고, 2단계는 개혁개방 이후 회복과 조정 시기인 1978년부터 1992년까지이다. 3단계는 제3대 영도집단체제인 제도화 시기로 1992년부터 2002년까지, 4단계는 제4대 영도집단체제인 보다 규범화된 시기인 2002년부터 지금까지 이다. 새로운 시대와 새로운 정세 아래에서 중국 민족구역자치제(民族區域自治制)의 중요한 구성 부분인 소수민족간부정책에 대해 되돌아보고 종합하는 것은 신중국의 소수민족간부정책을 보다 잘 개선하는데 도움이 되고 민족구역자치제의 정비와 중국 중류사회 건설 및 화해사회(和諧社會) 건설에 중요한 의미를 갖는다고 할 수 있다.

中国散居少数民族权利保障研究

원숙화 한중법학회 2022 中國法硏究 Vol.49 No.-

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.. 中国少数民族分布散居化日益深化,散居少数民族权利保障问题越发 重要. 中国自建国以来实行民族区域自治制度,逐步形成了以宪法为根本 法,以民族区域自治法为基本法的包括各部门法、行政法规、地方性法 规和规章以及自治条例和单行条例在内的民族法体系. 为保障散居少数民 族平等地位,在政治、经济、文化等三个方面,针对人大代表选举、公 务担任权、就业平等权、经营权、语言文字使用权、受教育权、风俗习 惯与宗教信仰等七项权利规定了相关保障措施. 但是散居少数民族权利保 障工作还存在一些问题. 如对散居少数民族概念的界定不明确,地方性法 规对本地方散居少数民族的权利保障措施规定存在简单复述或转换上位 法的规定,没有做到根据本地方实际情况制定相应措施等. 为了更好地保 障散居少数民族的权利,应当强化散居少数民族权利保障相关地方性法 规立法工作,提高权利保障措施的可操作性,同时制定专门的《散居少 数民族权利保障法》,统一界定散居少数民族概念,明确散居少数民族 权利保障措施的最低标准和方向.

中国多民族社会和谐共存与法律机制探索

김은환 한국비교공법학회 2014 公法學硏究 Vol.15 No.3

China is a multi-ethnic and multi-cultural nation. China's drive for industrialisation and urbanisation is gathering pace, there is increasing intercourse between the cities and the countryside. This brought more and more minorities flooding into the cities. As minorities migrate China's national relation are facing great challenges. For example Misunderstanding and disputes each other by lacking the basic understanding, The difference of customs and habits, and religious beliefs lead to conflict, The minority peoples enjoy no lawful rights and interests, The faiths and cultural relics have been ruined in western great development, Working mobility, living situation, education of the children, the right to use their native spoken and written language and much more of minority peoples. Now days law resolve ethnic problems what kind of role play? What are the shortcomings in the field? What measures should be taken to improve. According to this subject the paper analyses the present situation status and problems of national relation, explaining reasons and effect. Through the study of basic system of national law, in order to seek the problems of establishing multinationallegal system. The South Korean government could establish robust legal system to guarantees the lawful rights and interests of the minority peoples through drawing on experience success of Chinese national law system. 中国是个典型的多民族多元文化的国家,伴随着城市化、工业化进程的加快,各地区之间、城市和农村之间的交往日益频繁,越来越多的少数民族人口涌入城市。少数民族人口的流动和迁移对中国民族关系带来了极大的影响和挑战。例如,因缺乏相互了解造成的隔阂、误会和纠纷的发生,民族的宗教信仰和风俗习惯的差异而引发的冲突,散居少数民族的合法权益得不到切实保障,西部大开发中少数民族宗教信仰及文化遗址遭到破坏,外来少数民族个人的生存与就业、子女的教育问题、语言文字权利等诸多民族问题。那么,法律在解决中国当今面临的民族问题中起到了什么样的作用,还存在哪些不足,针对不足应采取哪些改进措施?本论文围绕着这样的问题,对中国民族关系现状及存在的问题进行全面的分析,来揭示这些变化背后的因素和产生的影响。通过对中国民族法律体系与基本制度进行研究,以寻求构建多民族法律体系需要解决的问题,并以此为基础,对韩国多元文化社会法律体制的构建提出几点启示,以为多民族、多文化和谐共存提供法律依据和政策上的支持。

중국 소수민족지역 법학교육에 대한 분석

김향란,왕예녕,장지화 한중법학회 2021 中國法硏究 Vol.45 No.-

2012년 5월 28일, 중국공산당 중앙위원회, 중화인민공화국 교육부는 연명으 로 탁월한 법률인재 양성 계획 업무회의를 개최하였다. 이는 “탁월한 법률인재 양성 교육계획”이 공식적으로 시작되었음을 의미한다. 중국 법학교육의 질은 많이 향상 되었다. 2018년 2월, 중국교육부 법학유형 전업 교육지도 위원회는 <보통고등학교 법학유형 본과 전업 교학 질량 국가기준>을 발표하였고, 이에 는 인성과 능력을 모두 겸비하고 튼튼한 이론지식과 실무능력을 갖춘 종합적, 응용적, 참신적인 인재들을 양성해야 한다고 밝혔다. 동년 9월, 교육부와 중앙 정법위원회는 연명으로 <인성과 법학지식을 모두 갖추고, 탁월한 법률인재 교 육 양성 계획 2.0>을 발표하였다. 이는 중국 법학 교육과 법체건설이 부단히 앞으로 발전하는 것을 보여주는 징표이다. 중국 법학교육이 지금까지 발전하 여 전반적인 교육의 질은 부단히 향상하고 있다. 하지만 소수민족 지역의 법학 교육의 특성은 두각되지 않고 있다. 중국의 ‘일대일로’건설이 부단회 심층화 되고 대외개방 정도가 부단히 향상 되고 있어서 법률인재에 대한 수요도 날이 갈수록 많아지고 있다. 고등교육기 구의 법학교육이 경제발전, 특히 소수민족지역 법학교육이 어떻게 하면 소수민 족지역의 경제발전에 복무할 수 있는지가 하루빨리 해결해야 하는 과제이다. 본문은 중국 소수민족지역 법학교육의 목표에 대한 분석을 통하여 중국 소수 민족 지역 법학교육이 실천하여야 하고 발전해야 하는 방향을 제시해 보고 그 러한 발전에서 직면하는 현실적인 도전들을 탐구하여 향후 발전에 대한 건의 를 제출하였다. 이를 통하여 중국소수민족 지역 법학교육의 발전에 기여하고자 한다. On May 26, 2012, The Central Committee of the Communist Party of China and the Ministry of Education of the People’s Republic of China jointly held a working meeting on the Education and Training Program for Outstanding Legal Talents, marking the official launch of the Program for the Education and Training of Outstanding Legal Talents. The level of legal education in China has been greatly improved. In February 2018, the National Standard for the Quality of Undergraduate Teaching in Law in General Higher Education was issued by the Steering Committee of Law Professional Education of the Ministry of Education of China, it is pointed out in a document that it is necessary to train talents with a solid theoretical basis and practical vocational skills of the composite applied innovative talents and reserve forces. In September of the same year, the Ministry of Education and the Central Committee of Political and Legal Affairs jointly issued the Education and Training Program 2.0 on Adhering to The Law of Germany and The Implementation of excellence in the Rule of Law, which is also an important sign for China’s legal education and legal system construction to move forward. Since the development of law education in China, the overall quality of education has been continuously improved, but the advantages and characteristics of law education in minority areas have not been fully apparent. With the deepening of China’s “Belt and Road” construction, the level of opening up to the outside world and the increasing demand for legal talents, how to deal with economic development in university law education, especially how legal education in ethnic minority areas serves the economic development of ethnic minority areas, has become an urgent topic to be studied. Starting with the goal orientation of law education in minority areas of China, this paper analyzes the practical development of law education in ethnic minority areas of China, explores the practical challenges it faces in its development, and makes suggestions for future development, with a view to helping the development of legal education in ethnic minority areas of China.

19세기 전반기 귀주성 淸水江 下流 地域의 이주민 유입과 土ㆍ客 충돌

이승수 명청사학회 2025 명청사연구 Vol.- No.64

This study examines migrant inflows into the lower reaches of the Qingshui River in Guizhou during the first half of the nineteenth century and the conflicts that ensued with local residents, drawing on forestry tenancy contracts (林業租佃契約) and Board of Punishments routine memorials (刑科題本). Against the backdrop of land scarcity following the eighteenth-century population surge in inland China, the expansion of the timber trade in the lower Qingshui River became a key driver of nonlocal migration. Contract evidence on places of origin indicates that approximately 10–20 percent of forestry tenants came from outside the county; among these out-of-county tenants, around 90 percent originated from Tianzhu County (天柱縣) and southwestern Hunan (湘西南). Inflows peaked from the early Jiaqing through the early Daoguang reigns (ca. 1800s–1830s) and then declined as the state tightened migration controls and Miao uprisings persisted. The memorials show that clashes most often centered on the allocation of tenancy rights and the right to collect fuelwood. Although these were not ethnic confrontations between Han Chinese and the Miao or Dong peoples, they arose from intensified social closure associated with the expansion of lineage organizations within local society and from competing economic interests in resource use. In this way, facing multiple constraints on everyday rights compared with those of indigenous residents, migrants were compelled to seek survival through various means.

明代 土司制度 운용의 실상 ― 鎭雄府의 改土歸流와 革流歸土를 중심으로 ―

이서현 명청사학회 2019 명청사연구 Vol.0 No.51

This thesis aims to present the multi-layered characteristic of the Chieftaincy System of the Ming Dynasty by examining the inheritance of the position of indigenous officials in Zhenxiong Prefecture, the geographically neighboring area of Yunan, Guizhou, Sichuan Provinces. The disputes over inheriting of the position of indigenous officials in Zhenxiong Prefecture led to the three time discussions about gaitu guiliu(改土歸流), the replacement of chieftaincy with officials, and the first attempt failed. The issue of gaitu guiliu was discussed for the first time in the third year of Jiading reign, 1524, when the Ming Dynasty designated Long Shou as the indigenous Prefect, which provoked antagonism from Long Zheng, the illegitimate son, who killed Long Shou. After suppressing Long Zheng’s rebellion, the Ming Dynasty implemented gaitu guiliu in the fifth year of Jiading era by presenting the nonexistence of his offspring as its reason. However, Cheng Guang, who was designated as the circulating official prefect, failed to pacify ethnic minorities, and in the seventh year of Jiading era, in 1528, Sha Bao rebelled. Sha Bao insisted on restoring the native chieftaincy by appointing Long Sheng, the posthumous son of Long Shou, as chieftain. Although there was the second discussion about gaitu guiliu being made at the time, about whether to persist on gaitu guiliu or to restore indigenous officials, the Ming Dynasty eventually abolished the circulating officials and established the return of chieftaincy by designating Long Sheng as the subprefectural magistrate. The third time was in the 35th year of Wanli era when An Yaochen from Shuixi became the indigenous prefect of Zhenxiong Prefecture and tried to annex, which caused local officials to discuss about whether to implement gaitu guiliu or to banish An Yaochen and appoint the descendants of the Long family. The Ming Dynasty whose power was in decline at that time was reluctant to use force, and succeeded in discovering a descendant of the Long family and designated him as the indigenous official. Although Mangbu indigenous region restored the indigenous officials through restoring the previous chieftaincy system after gaitu guiliu, there were continuous disputes over the inheritance of the position of indigenous officials. To remove the disputes, the Ming Dynasty proceeded to mend the regulations concerning the inheriting of chieftaincy. However, ethnic minorities kept putting the Ming Dynasty in trouble by falsely fabricating a successor. In these circumstances, the Ming Dynasty wanted to keep the Chieftaincy System under the reason of cost-saving, and the ethnic minorities also wanted to maintain their region and secure their political legitimacy. Ethnic minorities, who had the complicated inheriting system, and the Ming Dynasty, who had the right to acknowledge the inheritance, had developed the tug of war for power over their interests, which indicates the significance of the dynamics of the operation of the Chieftaincy System during the Ming Dynasty. At least judging from the case of Zhenxiong Prefecture, the unique aspect of ethnic minorities —their complicated disputes over the inheriting of chieftaincy— paradoxically became an effective means to actively negotiate with the Chieftaincy System which the Ming Dynasty had arranged to rule the ethnic minorities. Therefore, the Qing Dynasty who inherited the Chieftaincy System of the Ming Dynasty also had difficulty in solving these problems that the Ming Dynasty had to deal with. Eventually this struggle and the conflict between Ming Dynasty and the ethnic minorities who were involved in the power struggle between the central state and the peripheric region became the important factor for the implementation of gaitu guiliu at one sweep by the Qing Dynasty.

中国少数民族地区大学新生学校适应调查及策略研究

朴银姬,金慶喆 새론상담심리교육학회 2025 새론상담심리교육연구 Vol.4 No.2

摘 要: 少数民族地区高校承载着民族人才的培养重任,同时担负着促进多元民族融合的艰巨使命。大学新生是高校的新鲜血液和后备力量,他们的身心健康发展直接影响着地区的发展、稳定与繁荣。因此,有必要对少数民族地区大学新生的学校适应性进行调查,及时发现问题,有针对性地提出有效的管理与教育对策。基于此, 本研究以吉林省Y 大学的大一新生1639 名为研究对象, 采用问卷调查法, 分析了少数民族地区高校大学新生的学校适应能力的现状, 探讨了影响少数民族地区大学新生学校适应的人口统计学变量差异。调查结果显示: 少数民族地区高校大学新生的学校适应能力总体水平处于中等偏上, 且在民族、 生源地、 是否是学生干部、 父母婚姻状况上存在不同程度的差异。针对调查结果,提出了有针对性的对策和建议。 Colleges and universities in ethnic minority areas bear the responsibility of cultivating ethnic talents and the arduous mission of promoting the integration of diverse ethnic groups. College freshmen are the new and reserve force of colleges and universities. Their physical and mental health development directly affects the development, stability and prosperity of the region. Therefore, it is necessary to investigate the school adaptability of college freshmen in minority areas, find out problems in time, and put forward effective management and education countermeasures. Based on this, the present study examines the school adaptation of first-year university students in ethnic minority regions. A total of 1,639 freshmen from Y University in Jilin Province were selected as the research subjects. Using the questionnaire survey method, this study analyzes the current state of school adaptation among freshmen in universities located in ethnic minority areas. Furthermore, it explores the differences in school adaptation based on demographic variables. The survey results show that the overall level of school adaptation ability of freshmen in colleges and universities in ethnic minority areas is above the medium level, and there are differences to varying degrees in terms of ethnicity, place of origin, whether they are student leaders, and the marital status of their parents. Based on the findings, targeted strategies and recommendations are proposed to improve the school adaptation of university freshmen in ethnic minority regions.

建筑考古视角下凤林古城空间特点探究

陈彬彬 ( Chen¸ Bin Bin ),董健菲 ( Dong¸ Jianfei ),韩东洙 ( Han¸ Dong Soo ) 한국중국학회 2021 중국학보 Vol.97 No.-

In the study of ancient Chinese urban history, the study of ancient capitals mainly focuses on the core area of traditional urban culture, while the study of capitals in marginal areas remains to be improved. Under the national and cultural background of Heilongjiang region in the Han and Wei dynasties, this study traces the historical information of Fenglin ancient city, interprets the interal relationship and overall layout of the capital, and makes a comparative study with the capital in the culture core area, so as to enrich the research on the ancient capital of Heilongjiang region from the perspective of Architecturak Archaeology, and also helps to understand the historical development of the capital in Northeast China The construction of collaterals.

新时代加强边疆少数民族大学生思想政治教育的路径研究

曲彦(Yan Qu) YIXIN 출판사 2023 Journal of China Studies Vol.1 No.3

中国共产党一直以来高度重视边疆民族地区的发展问题,边疆少数民族大学生是边疆民族地区建设和发展的重要力量,对其进行思想政治教育,有利于民族团结、国家稳定。本文首先分析了加强边疆少数民族大学生思想政治教育的重要意义,然后指出了边疆少数民族大学生思想政治教育存在的问题进,最后提出边疆少数民族大学生思想政治教育的路径:加强自信心;加强思想政治教育工作队伍建设;有针对性地进行思想政治教育;丰富思想政治教育方式方法。 The CPC has always attached great importance to the development of border ethnic areas. Border ethnic minority college students are an important force in the construction and development of border ethnic areas. Ideological and political education for them is conducive to national unity and national stability. This article first analyzes the important significance of strengthening the ideological and political education of ethnic minority college students in the border areas, then points out the problems in the ideological and political education of ethnic minority college students in the border areas, and finally proposes the path of ideological and political education for ethnic minority college students in the border areas: strengthening self-confidence; Strengthen the construction of the ideological and political education work team; Targeted ideological and political education; Enrich the methods and methods of ideological and political education.