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Autonomy in those areas . Legislative

Author: YangDaoBo
Tutor: SongCaiFa
School: Central University for Nationalities
Course: Chinese minority economic
Keywords: ethical autonomous regions autonomous regulations legislation
CLC: D921.8
Type: PhD thesis
Year: 2007
Downloads: 706
Quote: 2
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Abstract


The essay focuses on the status of the legislation of autonomous regulations in our country. With the integral legality building and social development as its background, autonomous regulations as a special legislative phenomenon are researched fully and systematically in terms of guiding ideology, principle, value, legislative contents, legislative procedure and supervision, etc. This research aims at addressing the serious weakness and great breakups in the supply of national legislation ideology, optimizing the practice of our autonomous regulations, and promoting the economic and social development of ethical autonomous regions.The legislation of the autonomous regulations based ideologically on the ideologies and theories which provide justified explanation for the existence and operation of our autonomous regulations in the deep level. On the pretext of the conformity with the spirit of institutional and political system, these ideologies and theories span many fields and subjects. They explain the legislation of autonomous regulations both from the externally purposefulness and internally demanding. According to this logic, legislation of autonomous regulations include national ideology of equal rights, regional autonomous ideology and ideology of customs and cultures of ethical nationality.The guiding ideology, basic principle and value are the importantparts of the legislation of autonomous regulations. The guiding ideology is the basic value system observed by the people’s Congress in ethical autonomous regions in building the autonomous regulations. It has two characteristics: regularity and diversity. The guiding ideology of the legislation of autonomous regulations mainly includes the basic guiding ideology and periodical guiding ideology. The guiding principle is the basic rules set in accordance with the guiding ideology of the legislation of the autonomous regulations. It includes the principle of preserving the national interests in autonomous regions, conformity with the national and local characteristics, and guarding against the principle of the uniformity and coordination in legislation. The legislation of autonomous regulations manifests its unique manifestation in the research frame of order, just, freedom and efficiency.The contents of the law are the key to demarcating the legislative jurisdiction. The obscure demarcation of the legislative jurisdiction of autonomous regulations is mainly exhibited in the arrangement and plan of the contents. Therefore, the basic rules of confirming and disposing the contents of the legislation of the autonomous regulations must be established. The confirmation of the contents of the legislation of the autonomous regulations must stick to two principles, observance of the right of autonomy and flexibility. All that are relevant with the organization, operation, practice and guarantee of the autonomous rights,and all that are flexible and belong to the field of autonomous right can be adjusted according to the autonomous regulations. The legislation of the autonomous regulations propose their contents according to such rules as being faithful to the concepts of public law, embodying the proper proposal of organization and rights, entities and procedures, practice and autonomy. The linkup and coordination of the policy of the west China development also need to be paid attention to.The lack of procedures is the most important factor restricting legalizing process. It is necessary in the research of autonomous legislation to pay attention to the legislative procedures which mean a lot to the democracy and efficiency of the autonomous legislation. The procedural law and regulations in the legislation of autonomous regulations have many weak points, so that the optimizing measures of the autonomous legislation must be pursued. In the preparatory period, the legislative decision and draft must be taken as the key point to improve the coordinative system. In the formation period, the democracy shall be taken as the goal of the autonomous legislation to further improve the expressive, communicative, and voting mechanism. In the period of improvement, to strengthen the legislative plan shall be regarded as the core to gradually bring about the normalization of the revision and explanation of the autonomous legislation.The legislative control system is the essential product of thedecentralization of power and the basic guarantee of the operation of autonomous legislation in the legislation of ethical autonomous regions. The supervision of the autonomous regulations stem from the basic principle of the power restriction and the characteristic it have to change national law, administrative regulations and local regulations Focusing on the institutional system, the autonomous right of ethical regions and drawing upon the experience from foreign countries, the control system of autonomous legislation shall make the relevant reform and improvement from the following aspects. In the subject of legislative supervision, the supervisory legal system of the autonomous legislation shall be coordinated; the specific legislative supervisory organization shall be improved. In the legislative supervision, the procedure supervision shall be weakened but the result supervision shall be strengthened. The justifiable supervision shall be cancelled while the legislative supervision shall be strengthened. In the form of legislative supervision, the launching mechanism of autonomous regulation record shall be further improved on the basis of confirming the approval and the nature of the record of the autonomous regulations.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution > Local Autonomy Law
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