The Constitutional Protection Of The Areas' Economic Development Research

To realize "the all-round development of man" is the fundamental purpose ofpromoting the economic development in national autonomous areas, and whether eachrealistic individual can realize its constitutional civil rights or not, that is the fundamentalpremise to achieve this aim.In reality, to get the feasible ability of the realization on thecivil rights efforts depends on working together between the individual efforts and theenvironment of learning and growth. To the people of being subjective willing andobjective efforts, because of the local economic, cultural and social development, and manyother factors that compose of the good or bad parts in learning and growth environment,determines one to cultivate and promote the effect on feasible ability of right through thelearning process. While the shape of external environment will be suffered by two espectson the government and the society or market, whether the basic right of citizens will berespected by the society or not, whether the maintenance on the rights of government areeffective or not, it constitutes the decisive factor of whether the civil rights can realize andthe feasible ability of the realization on rights can effectively enhance or not. So, toeffectively coordinate the relationship between government and market, and to give fullplay to the positive function on two aspects, to improve the level of economic developmentin national autonomous areas and the constraints of the cultural and social developmentdegree, it is the important factors to decide the size of the ability to implementing the civilrights.On the established premise of the factors on resources, economic structure,environment and ability of market and so on,to perfect the operation rules and itsimplementing mechanism of the market and government power,to give full play to the roleof institutions in economic development,are to create a good regional economicdevelopment environment,and will transform the potential market development, abundantnatural resources in national autonomous areas into real economic and financial advantages,and to promote fully the economic and social development,and it is the key of promotingthe feasible ability on the realization of civil rights.Generally speaking, the systemproblems that restricts the economic development in national autonomous areas now are mainly shown in two aspects: one is the conflict and contradiction between the unity of themarket operation system and the traditional customs system; two is that the blurry is notclear on responsibility and power between the central or superior government and thenational autonomous areas goverment. Therefore, when the government is studying andsolving the institutional changes of economy development in national autonomous areas,we need to pay attention to focally solve the following several issues:One,to give full play to the role of the government in the system change at all thelevels government especially in national autonomous areas,to give the constitution rules asthe core,through the regulators of different levels within the scope of authority to makecorresponding rules, and to properly deal with the relationship between the formal rulesand informal rules, the constitution rules and the general rules, rates on rules and the ratesunder the rules, to construct an internal harmony consistent system of rules that is good forthe development of market economy and corresponding implementing mechanism. First,the formal rules that the government provides as the standard that evaluates the rationalityand validity of the informal rules, and whether the informal rules can become the system ofthe elements of the economic development or not, it should be subject to the formalrules'test.Second, we should pay attention on the influence that the logic structure of rulesto the implementation of rules, and solve the effectiveness of institutional change frommicro. Again, to safeguarding the internal coordination and consistent of system of rulesthat be composed by the different levels of the rules, we should put the general rules andpolicies under the constraints of the constitution, and establish the conflict resolutionmechanism of rules that is based on constitutional rules. Finally, we should note theintegrity of the rules restricting the effectiveness of the system change. The integrity of thegeneral rules should be subject to the rules of the inspection; and when we change the rulesof the constitution that be provided the justice standard to the general rule, we must followthe requirements of rules on the deliberative democracy and the consistent agreement.Two, the central and local governments in national autonomous areas shall change tonarrow the total gap of Regional economic development as the traditional concept of valueobjective on economic development and system change, in order to ensuring the fullemployment of citizen, the improvement of income and the enhancement of the income ability as the key, and guide the arrangement of economic activity and the correspondingsystem change. First, establish the moderate scale of regional economic development,properly coordinate and deal with mutual conditionality between non-economic factorslikes political democracy, traditional culture, education development and economicdevelopment, the development gap in all national autonomous areas and the relatingproblems about improving the livelihood of people under the constraints of environmentaland resource. Second, to make the effective policy measures to guarantee citizens of obtainemployment under public ownership, to make stable system mechanism to guaranteecitizens of obtain employment under private ownership; to establish the supply system ofjobs to coordinate the change of output structure, and the the system that migrant workerscan really quit the rural, in order to alleviate the burden of the first industry employment.Again, to establish the relevant system of soluting the bad natural conditions and the scaleof agriculture in the rural under weak economic foundation;to take the ecological problemsas a endogenous factor of economic development, in order to makes the people living inlimited or prohibited development zone can attain economic benefits;to construct areasonable standard system that can evaluate the laborer's contribution of different levels,the contribution of the capital and labor to the material production, to ensure the fairness ofthe distribution; based on the excessive gap about the income of the citizens caused bynational policy and industry vertical management, we shall determine a reasonable standard,that can not only reflect certain discount, but also will not lead to the large gap betweenindustry or internal. Finally, we can improve the right protection that labourers can takepart in social organization about the formation and implementation of decisions, strengthenthe legal education of market running,strengthen the construction of education quality,giveand ensure the ethnic minority members owning traditional language have the right toindependently choose the teaching language but not to unifyly push the bilingual or ethnicintegration of language teaching,and take the environmental management and maintenanceas a basic condition that can enjoy the preferential relating policies,strengthen thecultivation about the constitutional consciousness and ability of citizens, in order tomaintain its interests by legal rights and program.Three, we should make the constitutional reforms as the core, modify and improve the constitution and its relevant law, and reasonablely divide power line between central orsuperior government and national autonomous areas of government,and definite theresponsibility of government at all levels to promote the economic development in nationalautonomous areas, establish and perfect the implemental mechanism of constitutional rules,and it will take the authority activity of government at all levels into the orbit ofconstitution. First, in perfecting constitutional structure, we should modify and set thegovernment in national autonomous areas owning dual power, and before exercising theright of autonomy, it must be submitted for approval of the rules of the constitution, andcarefully treat that the reform of vertical management system may cause the division of theautonomy; and fix the dual leadership or supervision system of administrative and judicialorgans in national autonomous areas, and establish a decentralized operation mechanismlike "the local authority as the core, horizontal legislative, administrative and judicialorgans restricting each other as the leading";and we should logicly deal with therelationship of government between the autonomy in national autonomous areas and thehelp of higher level government responsibility, and the central or superior governmentexercise final decision-making power, the local exercise the claim and executive power ofdecision, in order to maintain the adaptability between the decision of the central orsuperior government and the demand of the national autonomous local. Second, in theeffective execution of autonomy, based on the Constitution, the Ethnic Regional AutonomyLaw and other laws relating constitution, we should revise and perfect the rules definingautonomy, so that it will integrity and clarity in the micro structure, and the specificprovisions that do not conform to the constitutional principles and rules in other laws shallbe amended, in order to reduce the conflict between the rules. Give the government innational autonomous areas starting the procedural rights of legislative explanation,unconstitutional reviewing and controversial ruling, to dispell the passive trouble ondisputes between it and the superior government. Again, in the effectively perform duties ofhelp, we should modify the special measures of rule system in the Constitution and itsrelating laws, define the reasonable limition of duties of help, reasonablely differentiate thespecific duties undertaked by relevant government, and seek a proper maintenancemechanism of the superior government performing its duties in strict accordance with the rules requirements; reform and perfect the public decision-making mechanism of thegovernment in national autonomous areas, when the government in national autonomousareas is requesting the superior government to perform duties of help and execute policyof help to make the public decision, it can truly reflect the development of the localcharacteristics and the objective need; change to "history compensation" or "realcompensation" as a support for proper reasons that the superior government perform theduties of help,based on respecing and guaranting the rights of subsistence and development,and we will accept the helper and the superior government exercise the rights in reasonablelimit through the constitutional rules and enforcement mechanism.