On Legal Construction Of Social Management In Multi-ethnic Regions

For the first time the CPC proposed to achieve “legislation of social management” in thereport of the18thCPC National Congress, which indicates that the CPC and the governmenthas already regarded “legislation of social management” as the fundamental guiding ideology,the base path and the main method of the current and future social management. It marks amilestone that China’s social management will no longer be typical test, major breakthroughsand guide by policy. Instead, it will develop towards institutional, scientific direction and willbe legislated. In this new situation, making legal construction adapts to the requirements ofsocial management becomes a topic concerned by people and also becomes a new subjectstudied by experts and scholars. Starting from the integrity of social system, legislation ofsociety management in multi-ethnic regions is a difficult systematic engineering. Inmacroscopic view, legislation of society management focuses on the integrity of social systemwhich is an overall construction includes economy, politician, culture, social construction andother aspects; in microscopic view, legislation of society management works for the benignoperation of subsystem of society which is a regional construction includes economy,politician, culture, social construction and other aspects. All of these reflected that legislationof society management in multi-ethnic regions is a subsystem of legislation of the entirecountry’s society management. Besides the common characteristics, attributes and hierarchies,the subsystem also has its own “particularity”. If “particularity” was ignored in legalconstruction of national social management and “general” was the only one being emphasized,normal social development in these areas would be seriously affected. At all times, anymulti-ethnic countries who are not good at dealing with ethnic issues will lead to a nationalrecession. It is clear that legal construction of social management can not only be confined to“big system”. Therefore, to the integrity of legal construction of social management, studyingnew features, new trends of the many regions in “small system” which includes legislation ofpolitician, economy, culture, society and environment and so on, building basic framework forlegislation of social management in multi-ethnic regions, investigating process of legalconstruction in Guizhou province, finding out explanatory variables which impact legalconstruction of social management in multi-ethnic regions and exploring policyrecommendations for legal construction of social management in multi-ethnic regions areall indispensable theoretical and practical issues.Extensive studies were conducted by researchers from academia on social managementfrom perspectives of different disciplines such as sociology, political science, economics, management science and ethnology. However, there is a little research on legal constructionof social management in multi-ethnic regions and there is no unified conclusion. In his bookChinese law and Chinese society, Qu points out that law is a product of society and is one ofsocial systems… it maintains the existing system and values such as morality and ethic. Itreflects social structure of a certain period of time and law is very close to society... anysocial laws are enacted in order to maintain and consolidate social system and social order.This shows that legal construction controls and manages society by adjusting politicalrelations, economic relations, cultural relations, ethnic relations and ecological andenvironmental relations between legal subjects. Legal construction is an important mean andmanner to strengthen social management and it guarantees social management and happinessof the people. However, social management has to comply with the law. There must have alegal basis for its management and all shall be conducted in accordance with legal procedures.In view of this, by taking Guizhou province as an example, this paper highlights the fusionprocess of legislation of the two social managements. On one hand, by using legalconstruction of social management in Guizhou province as a research subject, this paperstudies legal construction of social management in Guizhou province and those in China’sother multi-ethnic regions and even those in the whole country as a whole. On the other hand,taking related theory aimed at achieving legal construction of social management inmulti-ethnic areas as a guide and legal construction of social management in Guizhouprovince as an opportunity, this paper conducts a preliminary study on legal construction ofsocial management in multi-ethnic regions using research methods such as empiricalinvestigation and document analysis.