Quality Research Of Autonomous Legislation In The Regional Ethnic Autonomy

Ethnic problems are a historical and realistic subject with which national-states always be confronted. The fundamental approach to the construction of China's Regional Ethnic Autonomy can be converted into the revolution of legal system of the autonomous regions when it comes to the field of law. Legislation, as the rule of law that enters the public orientation initially is very important in no doubt. So as the study of the legislation quality that is used to detect the quality of a law should become more crucial. Legislation quality is a significant problem regarding the legal system construction of a country. It is the benchmark of the legal system condition that directly characterizes the level of the legal system development as "the life hood of the legal system construction". We can deep the whole appearance of national legislation as well as its legal civilization with the aid of the study of the legislation quality. This thesis localizes the legal formulation as the basic dimension. Firstly, it introduce the restricted factors on the autonomous legislation in the regional ethnic autonomy combine with the theory of autonomous legislation, the text of the autonomous regulations and practice on the autonomous legislation. Then it make a deep inspection of the problems such as the exertion of the autonomous legal right, the distribution of the benefits between the central government and the regional ethnic autonomy, autonomous legislation personnel ,autonomous legislation procedure, autonomous legislation technologies and the content of autonomous regulations which all belong to the foundational elements of legal formulation. Apart from this, the thesis explains the fuzzy position of autonomous legal right and the sensitivity of the beneficial distribution between the central government and the regional ethnic autonomy in particular. Secondly, the thesis attempts to build the quality assurance mechanisms for autonomous legislation which seek for institutional solutions corresponding with the restricted factors of autonomous legislation quality. It puts forward the concept that concludes the following aspects: the idea of autonomous legislation , the ability and channel to express the interests of regional ethnic autonomy, the unity and normal of autonomous legislation personnel, the re-examination and legalization of autonomous legislation procedure, the three basic elements of autonomous legislation technologies and the standardization of autonomous regulations. At the same time, the thesis tries to construct several standards upon autonomous legislation in order to make a comprehensive upgrade of autonomous legislation and provides methodological reference for the formulation process of autonomous regulations. And we hope that autonomous legislation quality will be made a great progress through our effort.