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The Study Of The Ethnic Regional Autonomous Power

Posted on:2008-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:H P XuFull Text:PDF
GTID:2166360212994007Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The system of the autonomy of ethnic regions is one of three basic political systems which has established by the Constitution. It is also the organic component element of the constitutional systems. It is an important constitutional system through a long revolution period which the Chinese Communist Party (CCP) combined the Marxism with our own special conditions to establish. It is successful in practice. But it also has some problems, and the important one is the problem of the ethnic regional autonomous power. The ethnic regional autonomous power is the key of the system of the autonomy of ethnic regions, is the sole standard to measure the level of autonomy. It has important significance to perfect the system of the autonomy of ethnic regions.Today, the general spirit of all countries dealing with the ethnics, no matter they adopting the regional autonomy or cultural autonomy to deal with them, is giving some autonomous power to ethnics to make them deal with things of their own ethnics themselves on the premise of making the national unity. For most multinational countries, special for multinational country of unitary system, the relations between central government and ethnic autonomous government constructing reasonable or not directly relates the autonomous power exercise with the realization, relates the country's unification and the national unity. The reasons that caused the ethnic regional autonomous power hard to exercise and realize is not exist in the ethnic regional autonomous regime itself but in no reasonable relations between central government and ethnic regional autonomous government. Constructing the reasonable relations between central government and the ethnic regional autonomous is crucial to realize the ethnic regional autonomous power which provided by constitution and the ethnic regional autonomous law.This article is composed of five sections which center on the ethnic regional autonomous power with a view of relations between central government and autonomous government:The first section has a discussion on the relation between central government and the ethnic regional autonomous government. The exploration of CCP about the ethnics had experienced the transformation from ethnic right to self-determination to federal system then to ethnic regional autonomous power. And the transformation is based on the understanding to Marxism and the special condition of our own country step by step. The relations between central government and ethnic regional autonomous government contain three aspects: first, the autonomous region is inalienable part of the Chinese territory, and its government must accept the lead of central government; second, the ethnic regional government excises the autonomous power on the things about the region or the ethnic; finally, the central government fully respects and guarantees the ethnic regional autonomous power.The second section begins with the concept of the ethnic regional autonomous power, and then analyzes its nature and characteristics. And through a historic research centering on the Constitution, we can find that the autonomous power is the center of the ethnic regional autonomous power. The power has important significance to realize the autonomy,ethnics equality,ethnics unity and the country's integration.The third section analyzes the current situation of the autonomous power. Through analysis to legal power, financial autonomous power,economic autonomous power and other autonomous power as a special arrangement, we see that in fact the autonomous power has difficult to put in practice for some reasons, which results in some distance between the fact and the law because of certain.The forth section analyzes the factors which influence the ethnic regional autonomous power. the ethnic regional autonomous government depends much on the central government because of non-self-generating characteristic of the ethnic regional autonomous regime,non- self-sufficient characteristic of the ethnic regional autonomous finance,dual-property characteristic of the ethnic regional autonomous finance,attaching characteristic of the ethnic regional autonomous finance and non-complete characteristic of the ethnic regional autonomous finance. And this dependency is the main cause that leads to the autonomous power hard to practice.The fifth section brings out the possible methods to perfect the ethnic regional autonomous system according to the exposition of the forth section. To perfect the system, the central government should transform the attitude, construct the reasonable relations between central government and the ethnic regional autonomous government, construct the reasonable ethnic legal system and standard the payment of financial transformation. The autonomous government should reinforce the autonomous attitude, accelerate speed of regional economic development, increase the legal quality and perfect the construction of autonomous institution.
Keywords/Search Tags:ethnic regional autonomy, ethnic regional autonomous power, relations between central government and regional government
PDF Full Text Request
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