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A Research To Legislation In Ethnic Autonomous Regions Of China

Posted on:2007-02-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y K KangFull Text:PDF
GTID:1116360182994226Subject:Ethnology
Abstract/Summary:PDF Full Text Request
Legislation in ethnic autonomous regions is an important integrant with special characters in our legislative system, plays more and more significant role in the social activities of the ethnic autonomous regions. In theory, the research on this problem can broaden the research boundary of ethnology and law . It can also make ethnology and law theory research catch up with the progressive nationality society, establish science basis of the future research. In practice, the research will help to get to know the relative uniqueness or complexity of legislation in ethnic autonomous regions, be advantageous to guiding the ethnic autonomous regions to further strengthen and improve legislative practice. By absorbing and learning from precursor' s research legacy of academic circles and field investigation , the aim of the research is to realize the combination of the research method about law and ethnology with effort and to make the research to legislation in ethnic autonomous regions more normative and practical. Therefore the article unites the home and abroad academic circles correlation study fruit as far as possible, applies the research means of ethnology law history sociology etc relatively systematically researches and concludes the problems of legislation in ethnic autonomous regions in a thorough and integrated way.The article has eight bibliographic categories branch. The first section elaborates basic theoretical problems such as related concepts historical development and function of legislation in ethnic regions, thus identifies textual research object and scope. The second section has studied the contents of legislation in ethnic regions, pointed out ethnic regions had five kinds of legislative autonomous power: the power of making autonomous ordinance the power of making special ordinance the power of making flexible regulations the power of making additional provision, autonomous power that can improvise or stop carrying out theresolution decision order and indication which perhaps are not suitable for the actual circumstance in ethnic regions made by upper grade state organ. The third section has been analyzed guideline and basic principle of legislation in the ethnic autonomous regions. Making sure the correct guideline and basic principle of legislation has important function and meanings for guiding and guaranteeing legislative work healthily develop in the ethnic autonomous regions, raising the legislative quantity. This article thinks that legislation in the ethnic autonomous regions should include the principle of legislation unification, the principle of emboding the nationality characteristics and special features of region, the principle of correctly exercising flexible power, the principle of safeguarding autonomous organ exercise the autonomous power and the principle of democracy and science. The fourth section, fifth section, sixth section and seventh section have discussed and studied specific system, pointed out the function and value of autonomous power system including the power of making autonomous ordinance the power of making special ordinance the power of making flexible regulations or additional provision, the power of improvising or stopping carrying out the autonomy regulation, then put forward relatively improving suggestion. The eighth section is a case study, by field investigating TianZhu Tibetan Autonomous Court GanNan Tibetan Autonomous State and LinXia Hui Autonomous State, combines first-hand practiced data and theoretical parts organically.
Keywords/Search Tags:ethnic autonomous regions, legislation, study
PDF Full Text Request
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