群体性事件涉及“民族因素”的判断及其类型研究

摘要

To determine whether the group events involving ethnic factors can not completely rely on whether they have occurred in the ethnic minority areas or just because they was participated by some minorities. Actually, it should be based on whether the content includes the demands of national interests. This conclusion can be explained both from legislative and practical levels. Depending on the reasons of group events relating to ethnic factors, they can be divided into political group events and cultural group events, as well as economic group events and the rule-of-law group events. The ifrst two types belong to special ethnic group events, and the latter two have same causes with ordinary group events, however, because of the mix of ethnic factors they become more complex.%群体性事件是否涉及民族因素的判断标准不能完全依赖于发生在民族地区或者有少数民族公民参与，而应当看其诉求的内容是否包含民族利益，这一结论可从立法和现实两个层面加以说明。根据涉及民族因素的群体性事件发生原因的不同，可将其分为政治因素和文化因素的群体性事件，以及经济因素和法治因素的群体性事件，前两种类型属于特殊因素的民族群体性事件，后两种在发生原因上与一般群体性事件无异，但因掺杂了民族因素而变得更为复杂。