The Trouble And The Way In Autonomous Self-governing Ordinance Formulating

Autonomous regulation is a basic norms about the general and major problems concerning the autonomous region,which have great significances as for autonomous region. It is the basic guarantee on implementing the system of ethnic regional autonomy in particular ethnic regional. Regulations on the exercise of autonomy in China has special legal status. It is different from general local regulations,and also different from separate regulations and government regulations. In it's own area, it also enjoys some flexible rights in the laws and administrative regulations. But the so important legal document type still hasn't been into practice. This paper summarizes the historical process of autonomous regulation,and through investing the autonomous regulations formulated of Tibet, Guangxi, and Ningxia, summarizes why the autonomous regulation still hasn't been promulgated.It including the following reasons:(1) Under the background of which needs to accelerate the economic development,Five autonomous regions enact autonomous decree no urgency.(2) Related preferential policys can't be implemented,relevant regulations, formulate measures and ways relatively backward,which make the autounomous regulations feel lack of bases on the legislation.(3) How to exercise the flexibility rights and added rights which has been ruled by legal is still not clear,so it can not according to the political, economic and cultural characteristics to formulate self-governing ordinances fitting itself.(4) Lack of the necessary supporting and cooperation of higher state organs.(5)Can't grasp the legislative purpose andlegislative principles, which cause the self-governing ordinance content of scientificity and reasonability.(6) Legislative system is not perfect, legislative quality is not high, legislative ability construction is afterward. For these reasons, this paper proposes three advice:(1)\Central state organs should top-down to promote autonomy regulations.(2)Autonomous should bottom-up to solve problems in the process of autonomous regulations.(3) Let the autonomous which conditions is mature formulate self-governing ordinance first,and as a pilot,then popularize it to the other autonomous. In the process of formulating self-governing ordinance, it hould pay attention to economy, politics, culture and environment protection, etc.And establish the development concept, plan the scientific system.