首页|中国法律法规中语言权利的历时演进研究:1949-2022

中国法律法规中语言权利的历时演进研究:1949-2022

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中华人民共和国成立以来,语言权利的保障就备受重视.我国的语言权利保障工作可以分为四个阶段:起步期(1949-1976)、发展期(1977-1996)、完善期(1997-2017)、成熟期(2018年至今).起步期的相关保障体系还不成熟,主要关注基础领域的语言使用问题;进入到发展期,语言权利保障工作向教育、知识出版、弱势群体语言保障等领域扩展,开始强调语言学习问题;完善期与成熟期的语言权利保障工作涉及领域更广泛,并且开始强调语言的传播,在成熟期尤为重视语言的对外传播.从阶段性发展来看,我国语言权利保障工作涉及领域从基础领域向其他领域扩展,并且工作重心呈现"语言使用—语言学习—语言传播"的转移趋势.从各领域发展特点来看,各领域的语言权利保障工作通常以语言使用为起点,后期更加细化,不仅关注到微观层面的相关职业人员规范、文本规范,还注重结合实际情况对已有条文进行调整,扩展关注群体.
On the Evolution of Language Rights in Chinese Laws and Regulations from 1949 to 2022
Language rights protection has always been a priority for the Chinese government since its establishment in 1949.Some scholars have already paid attention to language rights in Chinese laws,focusing on several major legal documents like the Constitution,the Law on Regional Ethnic Autonomy,the Civil Procedure Law,the Criminal Procedure Law,the Administrative Procedure Law and the Law on the Standard Spoken and Written Chinese Language.However,few studies make diachronic analyses of the change in language rights in legal documents since 1949.To fill this gap,this research collects all the articles about language rights in Chinese laws and regulations from 1949 to 2022.Based on the collected data,the evolution of language rights protection in China is divided into four periods:the initial period(1949-1977),the developing period(1978-1996),the improved period(1997-2017),and the mature period(2018).It is found there are that language rights distributed in 11 fields:the organ of the state,justice,ethnic affairs,culture and tourism,intellectual publishing,education,broadcasting,infrastructure,commerce and trade,health care and protection for disadvantaged groups.The detailed information about the four periods is as follows.First,the awareness of language rights emerged during the initial period,but the relevant articles were not comprehensive,only focusing on language rights in basic fields like the fields of justice and ethnic affairs.Second,in the developing period,the protection of language rights was expanded to the fields of education,intellectual publishing and protection for disadvantaged groups.Third,during the improved period and mature period,language rights protection covered more fields including the fields of broadcasting,infrastructure construction,business and trade,as well as health care.The improvement of language rights protection in the basic fields has promoted its expansion to other fields.Based on the development of the four phases,language rights protection in China mainly presents two features.First,it has expanded from basic fields to other fields.In the initial period,the protection of language rights mainly concentrated on three fields,namely the fields of justice,ethnic affairs and culture and tourism.By 2022,it covered 11 fields in total.Second,the focus on the language rights protection has shifted in the direction of"language use-language learning-language communication".In the early years of the founding of the People's Republic,the priority of language rights protection was language use.The legal documents explicitly stipulated the equal status of the languages of ethnic minority groups and guaranteed the use of these languages.Later in 1982,the Constitution was amended to include the promotion of Putonghua,which promoted Putonghua learning.Thus,language learning became part of language rights protection.Last,since 2000,international communication and the dissemination of Chinese have received precedence over others,contributing to the focus on language communication.As to the development in each field,the main fields of concern in the language rights protection are the fields of justice,ethnic affairs,intellectual publishing and protection for disadvantaged groups.It is found that in each field,language rights protection typically starts with language use,and then in the later stages,it becomes more specific,focusing not only on the norms of relevant professionals and texts at the micro level but also on adjusting existing provisions according to practical circumstances and expanding the scope of attention to different groups.With the above findings,this study shows the basic situation and development of language rights protection in China since 1949 and the characteristics within the fields it covers.It presents the condition of language rights protection in a more objective and comprehensive way,shedding light on future work.In addition,the diachronic analyses disclose the close relationship between language rights protection and social changes,further proving the dynamic nature of language rights and emphasizing that language rights protection should advance with the times.

language rightslanguage planninglaws and regulationslanguage legislation

王娅婷、张慧玉

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浙江大学 外国语学院/中华译学馆,浙江 杭州 310058

语言权利 语言规划 法律法规 语言立法

国家社会科学基金重点项目浙江省哲学社会科学规划领军人才(青年英才培育)课题国家语委科研重点项目

23AYY01824QNYC02ZDZDI145-74

2024

浙江大学学报(人文社会科学版)
浙江大学

浙江大学学报(人文社会科学版)

CSTPCDCSSCICHSSCD北大核心
影响因子:1.431
ISSN:1008-942X
年,卷(期):2024.54(4)
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