【摘要】 2014年的民族法学研究继续呈现繁荣的面貌。在研究内容上有以下特点:一是内容较为全面,各方面研究较为均衡。其中,民族法治评估、民族经济权利、民族区域自治权、民族教育立法、民族司法是本年度重要话题。二是紧扣时事热点。学者们结合《自治法》颁布三十周年、党的十八大、十八届三中全会,对民族法治建设、民族地区治理能力现代化、民族区域自治的完善、民族地区社会稳定与司法建设等问题进行了研究。三是研究内容更加细化。在研究方法上有以下特点:一是注重实证研究,对单个民族地区、具体民族法治问题的调查研究增多;二是研究视角多元,重视研究的深度与广度,重视其他学科理论与国外理论的运用。更多还原

【Abstract】 Ⅰ. Basic Theory of Ethnic Law Studies As a mature discipline,research on the basic theory of ethnic law studies is no longer the focus of research. Nonetheless,this does not deny that it is a research of reflection and transcendence. In2014,there were also important achievements with regard to this aspect. Concerning theory within the discipline of ethnic law studies,Wu Zongjin made a review on the development process of this discipline,and stated that the in- depth implementation of ethnic regional autonomy,the design of ethnic law institutions,the guarantee of ethnic rights legislation,and legal administration on ethnic work,etc.are still the responsibility of this discipline. Concerning the theory of the rule of law in ethnic areas,it seems that a breakthrough was difficult. In2014,Li Chao and Wang Huaju proposed a thorough evaluation of the rule of law in ethnic areas,but stated that this evaluation is facing problems due to the lack of local knowledge and lack of an efficient evaluation methodology and scientific supervision system. Hence,a concept for a scientific evaluation should be constructed,and local ethnic law resources should be found,and members of the various ethnic groups should participate.II. Research on the Protection of Ethnic Rights The protection of ethnic rights is the logical starting point of the ethnic law studies. In 2014,a breakthrough in this area is reflected in several aspects,including ethnic minority people’s civil identity,the right of their political participation,their right to ethnic economic development,the realization of natural resource rights in ethnic autonomous region,and the pension rights of ethnic minorities,etc. If we classified this sector of research,it in-cludes the following content: 1) basic research on the rights of ethnic minorities; 2) research on the political rights of ethnic minorities; 3) research on the economic rights of ethnic minorities; 4) research on the educational rights of ethnic minorities; and,5) research on the social rights of ethnic minorities.III. Research on Ethnic Regional Autonomy There is no doubt that the ethnic regional autonomous system should be both upheld and improved. This is also one of the themes of ethnic law studies. In 2014,scholars commemorated the 30 th anniversary of the implementation of ethnic regional autonomous regulations by reviewing its history,making an analysis of its present status,looking into the future,and proposing suggestions on how to perfect and promote the ethnic regional autonomous system within the present context of modernization of national governance. This sector of the studies concentrates on the following aspects: 1) interpretation of ethnic regional autonomy; and,2) perfection and development of the ethnic regional autonomous system.IV. Research on the Construction of Ethnic Law Generally speaking,research on the construction of ethnic law has become more and more practical,as well as more and more effective. The scholars not only paid attention to exploring the traditional resources of ethnic regions,but also paid more attention to conducting their research within the context of the modernization of national governance and the rule of the law. In 2014,the achievements were mainly concentrated on 6 aspects: 1)research on the flexible changes of the legislation in ethnic autonomous region; 2) research on the legislation of autonomous regulations; 3) researchon the legislation of ethnic economies; 4) research on the legislation of ethnic education and culture;5) research on the legislation of ethnic environmental resources; and,6) research on other issues related to ethnic law.V. Research on Ethnic Customary Law Generally speaking,investigation on the historical status of ethnic minorities’ customary law is not the focus for the research. In recent years,the result from scholars’ fieldwork is almost the same:customary law still plays an important role in the lives of the ethnic minorities,( for instance,in aspects with regard to ecological construction,environmental protection; and conflict resolution,etc.),and that these have some conflicts with national law. How to elaborate its positive role and realize a modern transformation has long been a concern of scholars. Within the context of the modernization of national governance,this aspect needs further study. For instance,Yang Ping and Li Le’s study on customary law within the context of social governance in ethnic areas is a very good attempt.However,enabling customary law to adjust to the modernization of national governance and even making it have some breakthrough within the aspect of jurisdiction is a significant research topic.Scholars have continued their research on this issue in 2014.VI. Research on the History of Ethnic Law In 2014,there were some breakthroughs on the study of the history of ethnic law. Shao Fang studied the ethnic customary law of the Western Xia regime; Xie Bo and Wang Zhengang analyzed the ethnic relations in the northwest frontier area during the period when the Song and Xia opposed each other; Feng Zhiwei and Yan Wenbo investigated the Qing court’s history of jurisdiction in the Tibetan area of Qinghai.VII. Research on Ethnic Jurisdiction In 2014,there were also a lot of research findings in this aspect. Based on the research on disputes handling institutions done in former years,jurisdiction institutes and jurisdiction activities as well as the application of ethnic minorities’ customary law,scholars also conducted research on the le-gal issues related to ethnic religious disputes,crisis events,and terrorism. It can clearly be seen that conflict resolution and jurisdiction activities play a very important role in keeping social stability and managing the ethnic issues in ethnic regions. The exploration of scholars has further laid a foundation for handling ethnic issues within the rule of the law in the future.更多还原