On Problems And Improvement Law Of The People's Republic Of China On Regional National Autonomy

Regional national autonomy refers to the case that autonomous organ is established in minority inhabited area under uniform state leadership, to exercise power of autonomy, realize regional autonomy. Adopting regional national autonomy to resolve ethnic issues in China is a kind of institutional arrangement based on China's history, development and cultural characteristic, actual ethnic relations and distribution of ethnic groups, which is consistent with common interest and development requirement of all ethnic groups. Regional national autonomy and its implementation are specifically regulated by"Constitution of the People's Republic of China"and"Law of the People's Republic of China on Regional National Autonomy"as basic political system of China.At its early stage of Chinese Communist Party, effort was made to probe a right way to resolve Chinese ethnic problem. Combining the basic principles of Marxist theory with Chinese concrete practice, it successfully found a kind of regional national autonomy system which meets the cases of Chinese situation through lengthy revolutionary practice.At the Chinese People's Consultative Conference held in September of 1949,"Common Programmer of Chinese People's Consultative Conference", served as interim constitution at that time was passed; it clearly specified that regional national autonomy as a fundamental State policy of China. This laid down the legal basis of Chinese regional national autonomy. On August 8 of 1952, the central People's government issued"Outline for implementation of regional national autonomy in the People's Republic of China"which made all-round regulations on implementation of regional national autonomy.On August 14 of the same year, Administration Council of the Central People's Government issued"decision on implementation method on regional national democratic coalition government"to push forward regional national autonomy. In "Constitution of the People's Republic of China"which was passed at the first conference of the first session of National People's Congress of the People's Republic of China in September of 1954 and later revised, the policy was reconfirmed, since then as a fundamental political system; regional national autonomy was regulated by the fundamental law of the state. On the basis of regional autonomy practice,"Law of Regional National Autonomy"was passed at the second conference of the Sixth Session of the National People's Congress on May 31, 1984, and was officially implemented from October 1st of the same year. In 2001, in order to strengthen economic and social undertaking in national autonomous regions under socialist market condition, on the basis of respecting and reflecting will of all ethnic groups in regional national autonomous areas, the Standing Committee of National People's Congress revised"Law of Regional National Autonomy", made the law perfect.Regional national autonomy embodies the principle of equality of all nationalities, unity and common prosperity. Regional national autonomy, on the one hand, refers to national autonomy, namely, all minorities within China can enjoy power of autonomy; on the other hand, it refers regional autonomy. National autonomy is a kind of autonomy based on region, it differs from"national cultural autonomy"departing from a specific area; also differs form"regional autonomy"departing from minority, as it is a kind of national autonomy based on minority-inhabited areas.Regional national autonomy is administrative area under unified leadership of the State, as a unalienable pare of the People's Republic of China. Minorities in regional national autonomous area independently manages their internal affairs within the region, enjoys power of formulating specific ordinance of the autonomous region and temporarily exercising flexibility in the execution of the ordinance; rights of using and developing their native spoken and written language; rights of training and appointing ethnic cadres; rights of independently arranging and managing economic construction undertaking; rights of independently developing social undertakings such as education, science and technology, and culture as well.53 years since its establishment of Xinjiang Uygur Autonomous Region, regional national autonomy policy of the Party has been consolidated and developed in Xinjiang, all ethnic groups enjoy adequate rights of being master of the country, equally participating and managing State affairs, independently managing their internal affairs of ethnic groups within the region. Exercising authority of regional State organ, Xinjiang Uygur Autonomous Region can temporarily exercising flexibility in the execution of resolutions made by higher State authorities, which are not suitable for concrete situation of regional autonomous region or terminating such resolutions related to rights of economic development, finance, training and use of ethnic cadres, education and ethnic culture.The People's Congress of Xinjiang Uygur Autonomous Region has rights of enacting local statutes and regulations at provincial level, as well as formulating national autonomous region level ordinances and special decrees in accordance with political, economic and cultural characteristics of local ethnic groups. Xinjiang Uygur Autonomous Region has formulated special decree to protect minority's freedom and rights of using their own language. To respect minority's custom and practice, the Central and Autonomous Region People's government has issued a series of regulations about religion-related ethnic customs and practices such as food, traditional festival and funeral of minority, adopted a series of measures to give them enough freedom.In order to improve underdeveloped educational condition of minorities, Xinjiang Uygur Autonomous Region attached importance on education causes of minorities, took a series of measures to give priority for education of minorities on aspects of development planning, capital investment, teachers'training. To protect and promote traditional culture of minorities, Xinjiang Uygur Autonomous Region has worked out plans to collect, collate, translate and publish cultural heritages of minorities, protect famous ancient relics, rare cultural relics and other important historical heritages.According to State policy of family-planning, Xinjiang Uygur Autonomous Region, in combination with local concrete condition, formulated"Interim Regulation on family-planning of minorities in Xinjiang Uygur Autonomous Region", adopted more flexible policy on minority than that of Han nationality, which ensured population growth of minority. Hence the natural rate of population growth of minority in Xinjiang is presented higher than that of local Han nationality. Freedom of religious belief of all ethnic groups is adequately respected, regular religious activities was protected by law. In accordance with Constitution, Xinjiang Uygur Autonomous Region formulated and issued"Interim Management Regulations on Religious Activity Places", while mass religion believers can carry out regular religious activities according to canon and etiquette of their religions, which was protected by law.As a legal assurance on Chinese ethnic issues, the key of"Law of Regional National Autonomy of the People's Republic of China"is power of autonomy, however, autonomous legislation is the most important power of autonomy. The author considers that, at present, there is still absence of power of autonomy in the implementation of"Law of Regional National Autonomy of the People's Republic of China"; Efficiency of legislation is still quite low; importance was attached on legislation of regional decree, while specific ordinance was neglected; the quality of legislation is not good that leads to difficulties in enforcement of ethnic law and regulations; in particular, legislation has low pertinence and practical, lacking of ethnic and regional characteristics; regional ordinances are small in quantity, incomplete in contents, narrow in scope of regulating.The People's Congress and its Standing Committee of Xinjiang shall, strictly in accordance with relevant provisions of"Constitution of the People's Republic of China","Law of the People's Republic of China on Regional National Autonomy"and"The Legislation Law of the PRC", make efforts to strengthen legislation of Xinjiang Uygur Autonomous Region, take measures as soon as possible to improve quality and efficiency of legislation on following aspects: first, to formulate ordinance on autonomy of Xinjiang Autonomous Region to strengthen concept of autonomous legislation in regional national autonomous area, reduce gap between Xinjiang Autonomous Region and inland provinces, so as to achieve coordinating development of the region and common wealth of all ethnic groups. Second, focusing on economic construction, attach importance on legislation of economy and eco-environmental protection, safeguard and promote overall economic and social development of Xinjiang Autonomous Region. Third, pay attentions on research and using reference in common law of minorities, make ethnic customs, traditional cultures, natural resources and non-physical cultural heritages of minorities in Xinjiang effectively protected.