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On The Alternative Of The National Autonomous Areas Of National Law

Posted on:2013-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y B WangFull Text:PDF
GTID:2246330374982549Subject:Law
Abstract/Summary:PDF Full Text Request
China is a united multi-ethnic country, which is based on the natural and social factors, so ethnic issues still exist in China, and it will affect the state’s construction and development. The national question is a long-term and arduous duty, to solve this problem is in favor of the country’s development and progress. The Regional ethnic autonomy is a basic political system to solve China’s ethnic problems, and decades of successful practice fully proved their irreplaceable role to solve ethnic problems. Autonomy is the core of regional ethnic autonomy, the right of Ethnic Autonomous Areas to accommodate the national law is an important part of autonomy. Modifications of the ethnic autonomous areas of state law, is the essence of the ethnic autonomous areas’exercise the legal right given by the State to ensure the national local people to fully exercise their autonomy. Legal modifications is an effective way to solve the conflict between state law and local ethnic characteristics, which is indispensable for china to build a socialist harmonious national relations, and it will spur the western minority regions political、economic、 cultural construction and development.The modifications of autonomous of state law are achieved through the state-conferred right. The right of legal modifications is an important part of autonomous local autonomy, which includes two aspects:the legislative modifications and judicial modifications. As modifications of the Autonomy Legislation can not completely solve the conflict of national law and Ethnic characteristics, to solve the conflict can be as a supplement. The right to legal modifications in ethnic autonomous areas of legal practice has made great achievements, but its efficacy has not been fully exploited. There are many causes, but they mainly reflected the lag of theoretical research about national autonomous areas’ legal work and the imperfect system, there is a theoretical and practical misunderstanding on the cognition of law flexible, which affect the correctly and fully exercise of the legal modifications. On the one hand, China’s current legislative modifications to regulate the operating mechanism is imperfect, on the other hand, the national law on judicial modifications did not establish any operational mechanism and regulatory mechanisms, even the judicial alternative theory is almost blank. In view of this, this paper especially analyzed and reasoned the intention and practice of legal modification. We must further discuss and research the related legal alternative theories and analyze and define the existing theoretical misunderstandings and perfect the relevant theory, and eliminate misunderstanding and to find measures to solve the problem.This paper follows the traditional method of historical materialism and dialectical materialism, at the same time, also use of positivist research methods. The entire article is divided into three parts. The first part is an introduction on the theoretical research significance of legal modifications, it also pointed out that issues related to legal modifications. Second part is the body, a total of five chapters, to analyze the connotation of "legal alternative" theory, and fully and deeply demonstrate the theoretical basis of legal modifications, which fully support the theory. From positivist point of view, this paper summed up the practice profiles of the ethnic autonomous areas of state law modifications, it resolved the existing problems on legal alternative (legislative modifications and judicial modifications), and made recommendations to solve these issues. The third part is the concluding remarks, The remarks re-emphasized the significance of the legal modifications to the autonomous areas.
Keywords/Search Tags:legal alternative, Ethnic autonomous areas, national law, legislativealternative, judicial alternative
PDF Full Text Request
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