Breakthrough And Regulation: The Right Of Ethnic Autonomous Areas Of Legislative Work

China is the multinational country, which has a long history. In China, there are 55 ethnic minorities, and each of them has his own unique characteristic. But as we all know, the law requires unity-quality. So there must be conflict and contradiction between them. In order to maintain the stability of the ethnic group, we must find the solution to the problem. Intending to protect diversity of the ethnic minorities and respect their customs, limited autonomies have been endued by constitutional law and ethnic regional autonomy law in China. Flexible legislative power, as one kind of important performance of autonomy, has spread and been applicable constantly. It accelerated the dissemination of the laws'in ethnic minorities' regions. While seen these achievements, we must recognize that there are still many problems to be solved on the area of ethnic autonomous regional flexible legislative power. These problems are primarily due to the immature legislative techniques and the complicated ethnic conditions. We must consummate the system and mature of ethnic autonomous regional flexible legislative power, otherwise there must be a lot of grim hardness in the areas of ethnic regional legislation and application of the institution that is ethnic minorities'regional autonomy.This essay is established in view of consummation of the ethnic autonomous regional flexible legislative power. The first section of this essay is preface, including the background, the aim, the significance, the media and the current situation of this research. By means of gathering and analyzing the related literature materials, the current research situation is elaborated rationally. It does the spadework for the next dissertation. The second section of this essay is the summarization about the ethnic autonomous regional flexible legislative power. In this section, firstly, the author introduces the concept and characteristic of the ethnic autonomous regional flexible legislative power, and then explains the nomological basis of the subject; secondarily, about the subject of the ethnic autonomous regional flexible legislative power, the perform basic principles are introduced, which include defending legal system's unity, basing on ethnic actual situation and exactly obeying procedure. Without these principles, the ethnic autonomous regional flexible legislative power can't effectively apply. In the third section of this essay, it has been introduced and analyzed that the current situations and the problems exist on the object of the ethnic autonomous regional flexible legislative power in China. Four problems about it are discussed:the uncertainty of execution authority, the non-consummation of execution procedure, the uncertainty of flexible circumscription and the limitation by our countries ethnic regional complex situations. We can't solve the problems in the area of the ethnic autonomous regional flexible legislative power unless we get the solution of all the four factors above. Therefore, in the fourth section of this essay, the author has put suggestions and measures related the problems mentioned above. In the author's opinion, the solution is constituted of five aspects:strengthening the legal position of the ethnic autonomous regional flexible legislative power, clarifying the executive authority of the ethnic autonomous regional flexible legislative power, consummating the procedure of the ethnic autonomous regional flexible legislative power, formulating the circumscription of the ethnic autonomous regional flexible legislative power and creating a supervisory organization. By mean of this essay, the author tries to provide reference materials for the opportune implementation of the ethnic autonomous regional flexible legislative power in China.