Reverse Discrimination in National College Entrance Examination – Epitome of Preferential Ethnic Affairs Policies in China

in Global Journal of Comparative Law
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This article critically analyses ethnic affairs policies in China; in particular, preferential policies in criminal law, family planning and education. The policy of awarding extra points to ethnic minority candidates in the National College Entrance Examination (ncee) is evaluated as a case study to expound why preferential treatment is discriminatory. China’s regional autonomy model, which replicates that of the former ussr, is unsustainable in the long run, because it could foster separatism and ethnic identity, rather than a common citizenship of China. Lessons are drawn from education affirmative action in the usa, which in recent years has arguably transformed into reverse discrimination in some states. The author argues that China does not have historical persecutions against minorities like those in the usa that require governmental compensatory policy, nor could it afford to cherry-pick amongst 55 ethnic minorities (shaoshu minzu 少数民族) and alienate Han ethnicity1 (hanzu 汉族). Preferential ethnic affairs policies could challenge harmony among various ethnic groups. Equality before the law of all citizens regardless of ethnicity must be upheld.

Reverse Discrimination in National College Entrance Examination – Epitome of Preferential Ethnic Affairs Policies in China

in Global Journal of Comparative Law

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2

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In 1951the prc Government signed a treaty with the Fourteenth Dalai Lama’s delegates acknowledging that Tibet’s sovereignty belongs to the prc. The treaty grants tar’s internal autonomy to the Tibetan government. In 1959 countrywide radical and reform policies upset the delicate balance of combined rule between Dalai Lama and central government threatening the Tibetan government’s religion-based legitimacy polarising opposition to Chinese rule. With the help of the us government the Fourteenth Dalai Lama staged an armed uprising against China which was quickly suppressed by the pla. The Dalai Lama fled to India and established the Government of Tibet in Exile.

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