The Development And Perfection Of The System Of Regional Ethnic Autonomy

Our country has been a national community of multiple nations since the state pattern developed. The system of regional autonomy for ethnic minorities is a basic political system in China, which has undergone a long period of selection. The regime built by a signal nation has never appeared in Chinese history. Thus, how to deal with the domestic national issues is always the significant problem every dynasty has to face. Shu system(Qin and Han dynasties), Jimifuzhou System (Tang and Song dynasties),Tusi system (Yuan dynasty) and System Reform of Chieftains to Bureaucrats (Qing dynasty), all these systems were established to resolve domestic national problems by exercising ethnic autonomy and regional autonomy of minority of nationalities.The system of region autonomy for ethnic minorities is a basic political system in China. The system, whose development process is from National self-determination to Federal Republic and finally to regional autonomy of minority nationalities,has been gradually developed through a long time of comparing and exploring by the communist party of China with Marxism and Leninism. The system of regional autonomy for ethnic minorities in China is to carry out regional autonomy in areas inhabited by the minority nationalities and to establish local governments under the leadership of the Central Government. At present, in China. There are five autonomous regions, autonomous prefectures,120 autonomous counties or banners and 155 autonomous regions.In the current political systems, autonomous prefecture is very special as it is restricted by province or municipality and at the same time, it governs a number of counties or cities. The land area of 30 autonomous prefectures is 240 square kilometers, accounting for 24.5% of the national land area. As a consequence, autonomous prefectures are the important links in the system of regional autonomy for ethnic minorities.Article 116 of the constitution stipulates that "People's Congresses in the national autonomous areas enjoy the right to formulate autonomous regulations and specific regulations according to the features of ethnic polities, economy and culture", which is reaffirmed by Article 19 of the Law on Regional Autonomy. Autonomous regulation is one of the important law and regulations which supervise the organs of self-government in autonomous areas to exercise power normally; the crucial form of enforcing autonomy rights; the significant part that constitutes China's National Legal System; the key links that perfect the autonomous system in ethnic areas. In terms of autonomous regulations, they can be divided into three levels—those of autonomous regions, of autonomous prefecture and of autonomous county or banner.The autonomous regulations in autonomous prefectures, which are formulated by People's Congress, are based on Constitution, the law of Regional National Autonomy and the restriction regulated by other laws. Concerning the features of politics, economies and cultures, these regulations are used to adjust the basic social relations in autonomous prefectures. Being normative, independent and regional, the laws documents take into effect after being approved by provincial and municipal People's Congress Standing Committees and are the effective way for autonomous prefectures to achieve autonomy. The legislative law has no definite rules for how to divide the alternative liability level of the autonomous prefecture decree and other normative legal documents. After being drawn up by the self-government organs of autonomous prefecture, the autonomous prefecture decree must get the approval of the People's Congress standing committee in province and autonomous region, than it will take effect. What's more, the autonomous prefecture can make flexible provisions to law and administrative regulations based on the local characteristics. So, when there is alternative liability between autonomous prefecture decree and provincial local laws and regulations, the autonomous prefecture decree has the priority. In the autonomous prefecture regulation system, the autonomous prefecture decree has the highest legal status, and also the autonomous prefecture separate regulations and the administrative behavior of the autonomous prefecture government. Meanwhile, because some autonomous prefecture has the jurisdiction over the autonomous counties, according the national equality theory, when there is conflict between autonomous prefecture decree and autonomous county regulation within the jurisdiction of the prefecture, autonomy equality theory must be grasped and considered fully.Between the 18th century and the beginning of 19th century, of the thirty autonomous prefectures, twenty five had formed autonomous regulations, which is an important mark of implementing Law on Regional Autonomy. At present, only five autonomous prefectures in Xinjiang province haven't yet formulated autonomous regulations. The ninth session of the National People's Congress standing committee 20th meeting finished the amendment of Law on Regional Autonomy in February 28, 2001.According to the revised one, modifying the regulations has been put into the agenda. From Dec 16,2002 to April 1,2011,25 regulations have been issued and all of them have been revised.In spite of the fact that organs of self-governments have revised the regulations, many articles are still far from ideal, which can be showed in the following respects:first, for the most part, the reduplicative terms of the legislation are just tendentious; second, the intent of legislation is unclear and inoperable; third, the roles of the two rights are indefinite; fourth, it is still unresolved about how to guarantee ethnic equality when two or even more ethnic autonomies carry out the regulations together; fifth, violating the upper law and making law beyond the authority are obvious and complicated. Those problems are connected with the current situation of Law on Regional Autonomy, and are directly related to people's understanding towards autonomous system, concept and technology of legislation. In this sense, there is still a long way to perfect the regulations of autonomous prefectures.In the framework of current political systems, the status of autonomous prefectures is very special in terms of the authority of office, since on one hand, these prefectures are administratively restricted by provinces and autonomous regions to a great extent; on the other hand, they govern some counties and cities. So does the right of autonomy. Under this circumstance, it is urgently needed to solve the problem of how to fully exercise the right of autonomy as well as to establish an effective supervision mechanism. And the most efficient solutions are to set up a mechanism to resolve disputes as well as establish a law and responsibility system.The thirty autonomous prefectures are distinct from each other in natural geography, economy and human environment. Autonomous legislatives, therefore, should form the regulations differently according to the features, customs and geography of each minority. In terms of ethnic customs and ideology, we should hold an objective view:on one hand, some excellent customs should be enhanced and glorified through legislations'approval; on the other hand, despite that customs unbeneficial to social development cannot be completely overcame quickly, we should guide ethnic people to get rid of rudimentary consciousness, which can boost ethnic development.According to the Constitution and the establishment of autonomous regions, ethnic relations in autonomous prefectures can be divided into two types, namely, vertical and horizontal ones. The former refers to autonomous places of higher administrative levels conclude low administrative levels which means that autonomous prefectures can govern autonomous counties and at the same time can be governed by municipalities. However, the latter belongs to the relations between areas exercising regional autonomy. Moreover, horizontal relations include relations between two ethnic autonomous areas, between ethnic autonomous areas and those without exercising ethnic autonomy, between areas without exercising ethnic autonomy, and between ethnic groups and Han people in ethnic autonomous areas. China's ethnic groups live together over vast areas while some live in concentrated communities in small areas. The self-government should take a comprehensive understanding of the relations in autonomous prefectures before formulating relative regulations, in order to safeguard ethnic people's rights to equal participation.Nowadays, in an industrialized, globalized and urbanized world, the development of a country and even a nation should face industrialization and globalization. Urbanization is the strong momentum and inevitable trend of China's socio-economic development. Reducing administrative levels and proceeding urbanization in a positive and sound manner are a crucial content and also a developmental goal for the reform of China's political system in the future. However, the current organizational systems of administration are unbeneficial to the development of urbanization in autonomous prefectures. With the unceasing development of social economy, autonomous prefecture will turn into the process of urbanization. Removing the autonomous prefecture to build municipality, guaranteeing the integrity of autonomous regional systems and rights of autonomous areas will be an inevitable choice.