Ethnic Economic Law And The Judicial Application Of Research

Economic development is crucial to settle the contemporary ethnic issues. The freedom is the foremost spiritual-orientation in rule by law among which guarantee the subject of right is absolutely the core. The implementation of China's Western Campaign not only activates the zest of minority people to improve the economy in ethnic region but also awaken them to recognize the lawful rights. Rule by law is inevitably and urgently required in economic growth, of which the judicatory relief is the last guard to guarantee the economic rights. Fair judicature rely on the legal procedure, which is appealed in economy expand at autonomous region under the market economy system.Ethnic economy law is the collected appellation of rules and regulations which is constituted, authorized or approved by given organ in accordance with the legal procedure, reconciling the economic relations, ensuring economic rights and interests, hastening the stable and harmonious development in autonomous regions. With 60 years'boost in ethnic area after founding of people republic of China, the problems in social development is nonetheless outstanding in which the market mechanism is unfledged in economy, the limited authority of economic management hamper the provision of due system in politic, autonomous area is yet in the elementary phase of civil community in society structure and the inequality in reality is disclosed withal in economic rights. The above-mentioned issues can not be conducted without the establishment and improvement of economy legislation system.The life of the law rest with the practical application. The judicatory application in ethnic economy law is the special activity, executed by judicatory organ according to the legal authorization and regulated procedure, which apply ethnic economy laws and regulations to deal with the economy suit independently. The principle of the judicatory application in ethnic economy law is covered with the tenet of rule by law, equivalence, independence and legal obligation. In theory, judicatory application in ethnic economy law is helpful to assure economy lawful right and interest in autonomous area, to reconcile regional economy suit, to restrain abuse of authority in self-government, to induce the sustainable development in economy. Example the current practice in rule of law, judicatory application of ethnic economy law is either necessary or feasible, serving as the linkage between legislation and law execution among the chain of law system, playing the role as bridge and intermedium between the substantive law and procedure law. At point of view on operation mechanism of judicatory application, the external operation mechanism is composed with litigation in ethnic economy law and modernization in legal recognition of self-government at autonomous region, which is the important ingredient to startup the judicatory relief procedure; whereas the internal operation mechanism represent the justice of the judicatory procedure which ensure the subject of right to obtain the opportunity in impartial judgment.The absence of legal procedure is the biggest barrier in judicatory application. By analysis of theory, there are three forms of plights in it as following:judicatory procedure is hardly startup, judicatory reconciliation is impeded to involve in economy suits, judicatory application is implemented with knot thereof the crux is the malfunction or failure in internal and external operation mechanism, which is unveiled on indifferent legal awareness, missing litigation in ethnic economy lawsuits, unrestrained local administration power as well as diluted judicatory power. Under the current judicatory system, the construction in litigation pattern and lawsuit mechanism is the paramount breakthrough to realize the judicatory application in ethnic economy law. With the trait of matching the character of ethnic economy law, the administrative litigation of public interests is perceived as primary approach to resolve the ethnic economy dispute. The following issues should be solved to build up the pattern of administrative litigation of public interests in ethnic economy law:firstly, the mode of startup; secondly, the scope of lawsuit; thirdly, the organ in jurisdiction, fourthly, burden of proof and last but not least is the lawsuit expense in lawsuit.