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Legislative Autonomy Of China's Ethnic Autonomous Areas

Posted on:2013-02-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:M X FuFull Text:PDF
GTID:1116330374959490Subject:National politics and public administration
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Many research results have been produced in existing discourse about China Regional Ethnic Autonomy System,But It seems that a blank is existing in research about legislative autonomy for the Ethnic Autonomous Regions. On the one hand, many scholars have wrote books about self-government legislation and the power of legislative autonomy, On the other hand, there is still no one book about Legislative autonomy for the Ethnic Autonomous Regions. Perhaps it is because that China lacks a tradition of autonomy, people inadvertently to regard the practice of study autonomous legislation or power of legislative autonomy by the perspective of Legislative autonomy as a taboo behavior.However, there are two standard which are the subject will autonomy and freedom of action to investigate whether a field have autonomous property.In the legislation of the national autonomous areas, for self-government legislation, the political science sense of the autonomy attribute is obvious.Moreover, the existence of legislative autonomy of the ethnic autonomous areas is not only have a strong legal basis, but also have a major objective based on reality.In China, the legislative autonomy has a special connotation. It is a process of the autonomous organs in national autonomous areas to implement the autonomy power of the legislative which are provided by the constitution and the law on regional ethnic autonomy in the context of unitary state structure, national unity, political system, and the institutional framework of regional ethnic autonomy. in this process, in order to provide specific legal nature of the normative documents for the administrative autonomy of the ethnic autonomous areas,the autonomous organs try to create a certain degree of autonomy regulations by a certain degree of independent legislative act. The purpose of the legislative autonomy is not to undermine the unity of the national legislation, engage in the separatist activitiesby the use of legislative power,engage in the full autonomy of national self-determination or national, but rather to a combination of administrative autonomy of the ethnic autonomous areas, better implement China regional ethnic autonomy system.In this process, the core element is the power of legislative autonomy.The power of legislative autonomy not only inherently provided the degree of autonomy of the legislative autonomy,but also fundamentally determines the high and low degree of legislative autonomy. the power of Legislative autonomy is a derivative power of the national autonomous areas,it is very limited and can not be expanded. Moreover, the power of legislative autonomy is not very large, this can be certified by the view of whether the legislative bodies or the legislative process. Therefore, the degree of autonomy of the legislative autonomy of the national autonomous areas is very limited.Even if we look at the mechanism of the production, application and supervision of self-government legislation, the degree of autonomy of the legislative autonomy of the national autonomous areas is also very limited. the specific procedures for self-government legislation has strictly limited the freedom of autonomy in the areas of the legislature for legislative action. And autonomy legislation can not really be implemented. Moreover,a strict monitoring mechanism also impact of the national autonomous areas autonomy legislation.To uphold and improve the system of regional ethnic autonomy, we do not care about the wording of the legislative autonomy,on the other hand,in order to promote the common prosperity of all ethnic groups,we should accurately find the major factors which defined the Legislative autonomy level, and enhance the Legislative autonomy level by some true rules to actually carry out and implement the system of regional ethnic autonomy. Of course, as one area of the ethnic regional autonomy, legislative autonomy can not be used to sacrifice the unity of the country's legal system or slid from the legislative autonomy to national self-determination.
Keywords/Search Tags:China Regional Ethnic Autonomy System, legislative autonomypower of, legislative autonomy, self-government legislation
PDF Full Text Request
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