Legal Mechanism Study On Central And Ethnic Autonomy Areas Relationship

Ethnic autonomous areas in China many remote mountainous areas, economic underdevelopment, and culturally backward.And China as a large multi-ethnic country, the development of each nation are related to the cultural quality of the whole country, economic strength and international the political status of the stage. Correctly handle the relations between central and autonomous regions for the country's stability and unity, long-term stability of society has far-reaching significance. For this reason, people from different angles the relationship between central and local have done a lot of research and exploration, and has made very valuable theoretical results, but the effect of the current practice of view, is not ideal, rooted in practice failed to build a reasonable central and local relations of regional ethnic autonomy, rather than the system itself flawed.In this paper, based on the results of previous studies with different models of national autonomy and international experiences, lessons to further explore the ethnic regional autonomous areas and the relationship between central government and put forward to promote them relations of legal run Mechanism concept. This paper consists of four parts:The first part introduces the exercise of regional ethnic autonomy system of historical inevitability. From ancient China about the development of the system state structure, respectively, described slave period, the national structure of feudal society during the Late Qing Dynasty to the federal system and the exploration; then described three generations of leaders and our new leadership of the country Structure of the system of exploration, after which the system describes a new structure in the history of China's evolution and the formation of regional ethnic autonomy system.The second part, the Central Government and autonomous areas of foreign relations of the constitutional model and experience. In this paper, take Northern Ireland, Canada and Ethiopia as an example of the national question, the three countries described national issues and the autonomous mode, and from the following four points summarize the lessons learned:1,development of national policy to respect the History and tradition; 2, the implementation of autonomous ethnic equality must be guaranteed;3, adhere to national self-determination and oppose ethnic separatism; 4,coordinated multi-cultural policies to ensure national unity.The third part introduces the relationship between central and local autonomous status and analysis of relevant legislation. First, introduce several of the new Constitution of China's regional ethnic autonomy on the central and local relation provisions; then cite "national regional autonomy"in the autonomous regions on the rights provisions; then summed up the existence of the current legislation Some issues, such as: autonomous characteristics not obvious; Autonomy Legislation content is not comprehensive; ethnic autonomous areas the quality of legislation is not high. To solve these problems, summed up the reasons:1, on the understanding of regional ethnic autonomy is not in place; 2, autonomous regulatory jurisdiction is not clear; 3, the quality of national legislators is not high and theory research is not deep enough.The fourth part discusses the concept of legal mechanisms on improve the central relationship with the ethnic autonomous regions.This section describes the following three perspectives, first, from the perfect relationship between the central and autonomous areas the legislation point of view on the following: 1, complete with the "Regional Ethnic Autonomy" of supporting laws and regulations; 2, the flexible use of laws and regulations on the right and add the right to work; 3, strengthen national economic legislation and improve the system of regional national autonomy; 4, consider a unified system to improve the quality of national legislation. Second, from the perspective of the financial relationship between central and autonomous regions to build relationships, summe up in three aspects: 1, Autonomous Regions should strengthen the fiscal autonomy of the capacity of economic development; 2, the building of national standardization Local self-government transfer payment system; 3, increase financial assistance to ethnic autonomous areas.Third, from improve the "Regional Ethnic Autonomy" perspective analyze of monitoring relief mechanisms:1, strengthen the people's congresses at all levels of national committees and the functions of the Ethnic Affairs Commission at all levels; 2,determine the "Regional Ethnic Autonomy,"in"statutory public assistance"range;3,in the" Regional Ethnic Autonomy"and its supporting regulations provide for specific legal responsibilities.