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National Autonomous Areas Autono My Safeguard Mechanism Research

Posted on:2010-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:A L T S H JinFull Text:PDF
GTID:2166360278967660Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In this paper, the central question is how to establish and improve the national autonomous areas of legal protection mechanisms for autonomy. System of regional ethnic autonomy as part of our Constitution established one of the three basic political system, which in practice has been a great success, the core issue -the autonomous local autonomy has been respected and the implementation of initial, but with foreign (eg Japan) compared to the protection of local autonomy, there are still a number of shortcomings. China's ethnic autonomous areas protect the autonomy of the principal means of legislation. As a result of focusing on legislation, in practice there were a lot of quality of laws and regulations. These laws and regulations in practice it is very difficult to play a real role in the protection of the actual degree of autonomy. Therefore, the establishment of autonomous areas and improve the legal protection of autonomy and the implementation mechanism is the autonomous areas to exercise autonomy, another important way.In this paper, how to set up autonomous areas and improve the legal protection of autonomy as the central mechanism, analysis and study of the current protection mechanism of autonomy in national autonomous areas, in particular the existence of legal protection mechanisms, and proposed the establishment of a sound legal protection mechanisms envisaged in the points. This article consists of four parts:The first part of the concept of autonomy in national autonomous areas, the nature of the simple analysis, carding jurisprudence of our autonomy for the ethnic autonomous areas the concept of different views held; explain the autonomy of the ethnic autonomous areas outlined safeguard mechanism.The second part of legislation, enforcement, organization, supervision and judicial protection of such areas as analysis of national autonomous areas in China's legal protection mechanisms for autonomy flaws, pointing out that the existence of defects as a result of the above degree of autonomy in national autonomous areas in the actual operation of the process can hardly be and implementation of the full exercise of national autonomous areas and the establishment of a sound mechanism for the need for legal protection of autonomy issues.The third part of Japan made a brief introduction of local self-government, and legislative protection to safeguard organizations and judicial protection of an analysis of three Japanese study ways to protect their local autonomy specific institutional mechanisms. The author believes that Japan's experience in national autonomous areas for the establishment of a sound protection mechanism has a certain degree of autonomy of the reference value.The fourth part of the establishment of autonomous areas and improve the legal protection of autonomy envisaged by several mechanisms. That the clearance between the central and local autonomous division of authority; improve the legislative mechanisms; strengthen the organization functions and the establishment of judicial protection mechanism.
Keywords/Search Tags:Autonomous areas, autonomy, safeguard mechanism
PDF Full Text Request
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