A Study On The Legal Status Of Ethnic Villages

Legal status or the nature of the townships has a decisive role to townships development, it also has a certain value to improve the socialist legal system in particular national legal system. According the Chinese existing laws and regulations, townships did not belong to the ethnic autonomous areas, such as the 30th article of the Constitution, all autonomous regions, autonomous prefectures and autonomous counties are national autonomous areas. The 50 article of the Law of the People’s Republic of China on Regional National Autonomy, the organ of self-government of a national autonomous area shall help other minority nationalities living in concentrated communities in the area establish appropriate autonomous areas or nationality townships. But both townships and the ethnic autonomous areas enjoy the same or similar national autonomous townships rights in certain local areas, the people’s congresses of nationality townships may, within the limits of their aythority as prescribed by law, take specific measures suited to the characteristics of the nationalities concerned.Thus, there is conflict phenomenon, townships who do not included in the national autonomous areas have the right of autonomous areas. The vague or conflicting regulations lead to different treatment in the process of Chineses merging townships, some merged townships towns have been cancelled the policy of preferential treatment; some merged townships continue enjoy townships policy preferential treatment; even the national town was established after merging. The legal system caused confusion, particularly ethnic town organizational system was unconstitutional, because the central government have forbidden establishing ethnic town in 1992. The result is that we can not achieve the original intention of the establishment of townships, with the process of merging townships speeding up, the rights and interests of ethnic minorities within the original townships have a great impact, and even unrest ethnic relations.In this paper, the problem facing the townships from concept development process and the development of departure, a detailed comparison townships, township general legal differences with the Autonomous Regions and status after treatment, in his discussion of the legal status given to townships where ethnic autonomous rationality to analyze the necessity and possibilities, it is recommended to amend the constitution, based on the introduction of national law townships, ethnic townships will be included in the national autonomous areas, and to improve its regime, in order to effectively play its due role ethnic townships. Specifically, the article consists of three parts.The first part includes introduction, the first chapter, the second chapter and the third chapter. The introduction has the purpose and significance of topics, research methods and research content Summary of innovation and insufficient. The first chapter introduces the concept of townships, the establishment and development background, discuss its great value in ensuring national equality, promoting national unity and harmonious relations, promote economic development and other aspects of ethnic areas. But the role to be played by still some gaps. The second chapter summarized compare existing laws and regulations, fuzzy or contradictory provisions on the legal status of townships, ethnic autonomous areas and supplement Four Kinds of General Comments township townships and scattered minority ethnic autonomous areas that belong to ethnic autonomous townships local advocates of more reasonable. The third chapter from a practical point of view, lead to unclear legal status argument townships townships faced difficult to achieve the original intention of the establishment, national policies are not in place to honor the plight townships block legislation, which made the townships as the practical needs of national autonomous areas problem.The second part includes the fourth chapter, the fifth chapter, the main contents of the townships as the theoretical basis of national autonomous areas, which proved the reliability issues. The fourth chapter compares the townships with the same or similar ethnic autonomous areas in the historical development foundation, according to the theory of policy, mission objectives, eligibility criteria, organizational principles, terms of reference, policies, problems, etc., and that because of their different geographical area difference autonomous powers of the population due to inconsistencies that townships enjoy " autonomy ", the ethnic autonomous areas enjoy autonomy. The fifth chapter from the theory of national equality, good law and good governance a reality, " autonomy " and the homogeneity of autonomy, self-government and autonomy necessary relationship between the legislative and other point of view, given townships demonstrate compliance with the internal legal status of the ethnic autonomous areas logic.The third part is Chapter VI, the third part is the sixth chapter in the national autonomous areas discussed earlier given townships reasonable, realistic basis after the problem is solved from ethnic, national policy implementation and development of their own townships, ethnic regional autonomy system improving and enhancing rural governance has raised its necessity and feasibility of its implementation at the same time out of the theory of institutional and environmental conditions. On the basis of the foregoing, the resumption of ethnic town formed, the introduction of national law township, ethnic township further clarify the responsibilities prescribed merge its program to increase its efforts to support and help improve the mechanism to improve efforts to train ethnic minority cadres, organic combination of cultural preservation heritage and economic development on the basis of autonomous governance system resume on improving supervision and enforcement provisions, and ultimately the establishment of townships in mind.The conclusion is based on the cultural and political relations and political and cultural progress needs to put forward a sound and comprehensive system of ethnic townships is to promote China’s economic development component of the legal nature of ethnic autonomous areas and townships That status is an important way to promote its rapid development. Admittedly, with the economic and political development of ethnic autonomous areas and national and even townships will change or even disappear, but we must not go beyond the stage of historical development to economic development instead of the political system, in the political culture does not reach the appropriate stage, but may not be entirely economic a substitute for political and cultural development. We must guard against "backward minority of Cultural Revolution such erroneous thinking, truly equal attitude towards cultural development of ethnic minorities to cautious attitude responsible for history to reflect regional ethnic autonomy system, while adhering to its basis to further improve its system. So, now we need the cultural heritage of the Chinese culture, including ethnic minorities, including, to the courage to take political courage coordination of national culture, the relationship between political and economic development, political culture and economic development to ensure mutual coordination and promotion, Perfection political system, a sound legal system with Chinese characteristics, a road self-confidence, self-confidence and institutional theory provide the basis for confidence.