国家帮助民族地区实现发展权探析

On the State's Support for the Minority Areas to Realize the Right to Developmen

国家帮助民族地区实现发展权的制度主要包括"优惠"、"支持"、"扶持"、"照顾"、"扶助"、"援助"等。这既源于宪法确认的全国各族人民共同缔造的统一的多民族国家的实际需要,也是继续加强平等、团结、互助的社会主义民族关系的法律保障。国家帮助民族地区实现发展权的宪法义务,以法律、行政法规、部委规章和规范性文件等法律支持体系的实施为保障,并通过转移支付、援藏援疆、对口支援、专项扶贫等具体措施,促进少数民族平等参与、共享政治、经济、文化、社会事务的协调发展。但也应当看到,国家帮助民族地区实现发展权也面临着精准扶贫任重道远、生态环境保护艰巨、各民族地区协调发展等问题。

On the State＇s Support for the Minority Areas to Realize the Right to Develop- mentThe major machinery of the State to help the minority areas realizing the right to develop- ment includes preference, help, support, care, assistance, aid and so on. This originated the real need confirmed by the Constitution of a united and multinational state which was built by all the people in the World. It is also a legal protection to continue strengthening equality, unity and mutual assistance of socialist national relationship. The constitutional duty of the State to help realize the right to development is safeguarded by the implementation of a legal support system of law, administrative regulations, rules of departments and normative documents, by such specific measures as transfer payment, support of Tibet and Xinjiang, specific support, specific aid of the poor in order to promote coordinate development of the minorities to partici- pate and share politics, economy, culture, and social affairs. But it should be noted that the State the help of the State for the minority to realize the right to development is also facing dif- ferent issues as the important but difficult precision alleviation of the poor, hard task of eco- protection and coordinate development of each minority area.