Research On The Rule Of Law Construction In Qinghai Ethnic Areas During The Social Transformation Period

After the Eleventh Plenary of the Third Session of the CPC,China entered into the social transitional period from planned economy to market economy,from agricultural society to industrial society and from traditional society to modern society.The social structure has changed accordingly,people's way of behavior,way of life and values have all changed.The problems of reconstruction the interests relationship,the rights and obligations as well as the social hierarchical appear.In the period of social transformation,in terms of economy,the national areas of Qinghai Province face the problems of belonging to less-developed area,simple production method,limited production ability.In terms of social undertakings,the area faces the problems of relatively backward in the aspect of science-education-culture-health,exits serious problems in people's livelihood,the poverty population,widened gap between rich and poor.In terms of social stability,the area faces the problems of complex national relations and national demand diversity,the arduous battles in anti-secession and anti-osmosis.In terms of ecological environment protection,it faces the contradiction between resources exploitation and construction.In all these aspects,there are a series of social problems in the area.Along with the gradual social transformation,The social problems of displacement of old and new appears,the old economic system has not yet finalized to design,and the new demand of development has emerged.In this transitional period,how to regulate the social behavior of people?How to maintain the stability of society in minority nationality areas?How to realize the rule of law in the country?All these problems need to be solved by the way of rule of law.On one hand,the rule of law is the governance of rules,it can define all kinds of social relations and form an well-organized social order;On the other hand,the rule of law has the functions of guidance,regulation,clarifying the boundaries of people's rights and obligations and making the social life go under the rule of law.On these existing practical problems,this paper mainly discusses the issues about construction of the rule of law.The research mainly focuses on the four aspects of the construction of the rule of law:legislation,law enforcement,judicature and law-abiding.The point of view of the research is that the combination of regional and national character is the starting point and the foothold of the construction of the rule of law,the existing rules of law should be considered and the focal points of the construction of the rule of law should be explored.Firstly,to attach the great importance to the legislative issues in the construction of the rule of law.The legislation must highlight the exercise of autonomy,although the autonomous prefectures and autonomous counties have enacted autonomous regulations,separate regulations,compared with the country's overall rule of law,they still appears to be relatively backward,most of them simply repeat the provisions of the upper law,not to well reflect the local characteristics.Secondly,to strictly regulate the construction of the rule of law in law enforcement and judicial activities.In the law enforcement and judicial activities should establish the concept of serving the people and abide by the fairness and justice of the law,follow the professional standards,act strictly in accordance with the law let the people feel fairness,especially to increase the Han-Tibet,Han-Mongolian "Bilingual" judicial litigation activities,effectively protect the legitimate rights and interests of ethnic minorities,maintain the social stability and promote social harmony and to achieve the goals of"safe society" construction.Thirdly,effectively strengthen the rule of law in the construction,of law publicity work.To increase the publicizing of "popularization of laws" so as to standardize,normalize and long-term the popularization of laws.To start from the rural and pastoral areas,to eliminate the traditional and backward patriarchal concepts,abandon the Tibetan "customary law" in the "compensation for life" and"compensation for blood price" application and form the legal awareness of citizens,follow the law compliance requirements,express the wills legally,safeguard the legal rights and interests and create a social environment for the construction of the rule of law in Qinghai.The structure and the main contents of the paper:Firstly,clarifying the position of construction the rule of law and highlighting the value of the rule of law.Secondly,summarizing the social ecology in national areas of Qinghai and the achievements in construction rule of law under this social background and pointing out the main problems of the construction of the rule of law and analyzing the main influence and restriction reasons as well.Finally,it elaborates the basic path to strengthen the construction of the rule of law in minority nationality areas in Qinghai Province.Chapter 1.Introduction:Mainly introduces the reasons for selecting the topic and the theoretical value and practical significance of the research.Introduces and comment of the reviews of the literature of domestic and foreign research,points out the different research contents and research emphasis,introduce the contents of the research,the methods of the research,to summarize the place of innovation according to the theme of the paper in order to achieve the comprehensive understanding of the research contents of the paper.Chapter 2 introduces the related concepts and theoretical basis.To deepen the research on the basis of a clear concept so as to make the positioning of the research clear.At the same time,it emphasizes the theory of the construction of the rule of law of Marxism and the theory of regional national autonomy with Chinese characteristics so as to pave the way for the research and to make the research content more scientific,effective and instructive.Chapter 3 expounds the value of the construction of rule of law for the economic and social development minority nationality areas.The construction of the rule of law has the function of system,which can guide,guarantee and regulate the operation of the society.The social development of minority nationality areas is a comprehensive issue.The construction of rule of law should focus on playing a protective and catalytic role in"five-in-one":political,economic,cultural,social and ecological protection so as to reflect the value of construction of the rule of law.Chapter 4 summarizes the social ecology of the rule of law construction in minority nationality areas of Qinghai.In terms of regional conditions,local conditions,people and other aspects,the minority nationality areas are very different from the other places of the country.So starting from the reality of the minority nationality areas,to summarizes the particularities of the areas,the aims are to recognize the social environment and social background of construction of the rule of law in order to face up to the localization of construction of the rule of law.Chapter 5 makes a comprehensive study of the achievements in the construction of the rule of law in the minority nationality areas of Qinghai.In order to achieve the overall understanding of the achievements of the rule of law construction,reflecting the combination regional and national in construction of the rule of law,also shows that construction of the rule of law is an orientation,comprehensive,multi-level issue,it focus on expounding local laws and regulations,administration according to laws,fair justice,publicity and education in the rule of law and other aspects.Chapter 6 mainly enumerate the issues exists in construction of the rule of law in the minority nationality areas.The minority nationality areas' social development is imperfect,there is a larger gap compared with country's target for the rule of law,mainly in legislation,law enforcement,judicial,law abiding etc.This seriously restricts the process of building the rule of law,affects the strategy of implementation of the rule of law,so the problems must be accurate recognized,the weak points of the rule of law construction must be identified.Chapter 7 focuses to analyzes the reasons impacting and restricting the construction of the rule of law in the minority nationality areas in Qinghai.The exercise of autonomy rights,traditional values and customary practices,quality of laws and the teams of law contingent construction,these objective and subjective reasons determine the difficulty,breadth and depth of the construction of the rule of law,this requires to be targeted focused so as to figure out the entry points for the future.Chapter 8 describes comprehensively the basic measures for promoting the construction of the rule of law in the minority nationality areas in Qinghai.As the requirements of the Eighth Session of the Fourth Plenary:"scientific legislation,strict law enforcement,judicial justice and law abiding of each person " We need to conduct all-round,from the concept to the system,from the specification to the behavior,from the mechanism to the measures to promote construction of the rule of law in the minority nationality areas in Qinghai.The innovation of the paper is based on the current situation of complicated ethnic relations in the minority nationality areas,difficulties in religious affairs management,arduous task of anti-secession and reverse osmosis.It thinks that the construction of the rule of law in the minority nationality areas should firstly handle the relationship between policy and legislation,the focus of legislation should highlight unity and progress between nationalities and maintain social stability;Secondly,the "Tibetan Buddhist Affairs Regulations" formulated by the six ethnic autonomous prefectures of Qinghai need to be further refined,improved,revised and establish separate regulations and implement evaluation system;Fourthly,the law publicity in Tibetan areas of Qinghai is the key to rule the province in accordance with the law and should establish the long-term mechanism of the rule of law publicity and education in the Tibetan areas.The first shortage of the paper is lack of rational science and lack of deepened analysis.Restricted by various conditions,the second shortage is insufficient empirical analysis.The third one is that the depth of the paper needs to be further strengthen,the view is not wide enough,the understanding for the minority nationality areas is not accurate enough.The fourth is that the research methods are not comprehensively enough.All these shortages restrain the depth of the research.They need to be constantly thought and understood.