Guangxi Autonomous Ordinance Legislative Studies

Our country is historical, unitive and multi-ethnical. Regional autonomy is basic police of the Communist Party to solve the ethnical problems, and also the important national practice in the ethnic minority communities. It is the core rights of minority autonomy. Autonomous Ordinance, the carrier of regional autonomy of minority nationalities, is essential to achieve autonomy. Currently, Autonomous Ordinance has been made in the autonomous prefecture and county; however, Autonomous Ordinance in the five autonomous regions has not yet been published and severely influenced on the implementation of autonomy. The draft of Autonomous Ordinance and its modification in Guangxi Zhuang Autonomous Region, the only Autonomous Ordinance in the five autonomous regions which has been internally discussed and got passed, has been done nineteen times, which shows the condensation of the efforts and wisdom of several generations, although the Autonomous Ordinance has not got approval from both relevant ministries and the central. The draft laid a good foundation of further study on Autonomous Ordinance in the autonomous regions. Therefore, the thesis aims at Autonomous Ordinance in Guangxi Zhuang Autonomous Region and its legislation has been studied here.This article consists of three parts: In the first part, the basis of autonomous ordinance of Guangxi Zhuang Autonomous Region is analysised from the heoretical basis, legal basis and reality three aspects. The theoretical basis from the system of regional ethnic autonomy, autonomous local autonomy, legislative autonomy; its legal basis derived from the "Constitution", "Regional Ethnic Autonomy," "Legislation Law", "Legislative Bill Guangxi Zhuang Autonomous Region" of the relevant requirements; its real basis is established in Guangxi Autonomous Region and Guangxi Zhuang ethnic territory of the political, economic and cultural characteristics.The Part II is the Legislative overview of Guangxi autonomous Ordinance. After reviewing the history of Guangxi Zhuang Autonomous Ordinance of legislation, it analyze the new legislative conditions which Guangxi autonomous regulations come upon basing on the law, the economy, the politics;Then, this article analyze the difficulties which the Guangxi autonomous regulations still have not overcome:Firstly the scope and content of autonomy rights laws and regulations are still inadequate in that the establishment of autonomy is not complete; the content of the provisions of the principle of autonomy is lack of operational practice; Secondly the central government and autonomous coordination is still in lack of interest harmony; Thirdly in respect of cognition and attitude, the central and state organs at higher levels is still inadequate of understanding for issues related to the development of autonomous Ordinance; autonomous self-awareness is not enough, and lack of awareness and positive attitudes for the importance of the autonomous regulations; Fourthly the right of legislative initiative of citizens is not yet guaranteed. Fifthly the new situation of the autonomous regulations calls for higher requirements, and makes the task of Guangxi Zhuang Autonomous Ordinance legislation more difficult.In the partⅢ, against the difficulties, summary of the experience and lessons learned from the past legislation of the Guangxi Autonomous Ordinance, and reference of the promulgated and revised autonomous regulations of the autonomous counties, this article explores the path of self-regulatory legislation of Guangxi Zhuang Autonomous Region by: first of all at the central level, it is necessary to protect the integrity of autonomy, and specify the division economic and ethnical affair rights for the central and autonomous regions, and for the central government to pay more attention to and actively pursue the coordination of interests. Secondly the autonomous region institutions should strengthen self-governing awareness, correctly understand the value of self-government regulations, positively legislate, and protects the right of legislative initiative, and strengthen democratic legislation; make clear autonomy rights, correctly position the legislative content, fully and good implementation of autonomy; improve legislation system, adopt the practice of the legislative experts group to improve the quality of legislation.