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On The National Autonomous Areas To Protect And Regulate The Legal Right To Work

Posted on:2014-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:X F MaFull Text:PDF
GTID:2266330401458244Subject:Constitution and Administrative Law
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China is a unified multi-ethnic country, but because of geographical, historical and other reasons, there are still many differences between all ethnic groups, regions, all ethnic groups retain their own national characteristics and in order to safeguard national unity and solve national problems. China adopted the system of regional ethnic autonomy, to safeguard the interests of the ethnic autonomous areas, to meet the particularity of the ethnic autonomous areas. This system is flexible in its implementation of autonomy to preserve customs and the legal system is adapted according to the culture of the region. Special attention is given to the right to legal modifications as an important part of the socialist legal system. Our law gives a special right to self-government to autonomous areas.Presently, China’s construction of the rule of law in ethnic minority areas has made some achievements, but due to the relatively slow pace of building a legal system, the legal protection, its enforcement as well as the legislative system is not fully in place everywhere. Therefore, theoretical research and judicial practical adjustment to autonomous areas have failed to achieve the desired result.This situation is due to the following:First, the Law on Regional Ethnic Autonomy is still inadequate. Second, The theoretical research of legal right in autonomous areas is lagging behind in practice and lack of appropriate guidance; third, due to the lack of an effective mechanism of protection and regulation, resulting in the legal rights are not sufficiently protected or adjusted to autonomous region, but abused by legislators. Therefore, through analysis of the principles of the modification of autonomous, this thesis summed up that the achievements that we have made in terms of modification of autonomous region, in addition to extract the protection and regulation of China’s legal right. As for the research of modification of autonomous region. There are some research of Legal Accommodation Power autonomous areas of research that has been done, but most of them just summarized the existing problems, very few are for its security and regulatory. The paper is from a new entry point for the departure from the norms and expansion of the legal right to state the issues and scope, the view of enlarge the scale of and principles of modifications, and how to protect and regulate. Based on the analysis of the existing researches, through both theoretical and practical perspectives, suggestions have been proposed in order to perfect autonomous law, achieving the unity of various regions.This thesis is divided into four major parts:The first part states the principles of legal modification of autonomous region. This section first analyzes the legal right to work around the concept and connotation of ethnic autonomous areas, to summarize legal right to work around the current practice of national autonomous areas, the right to legislative modifications and modifications executive power, summarized autonomous areas Legal Accommodation Power is characterized by; then explore and analyze the legality and rationality of the autonomous areas the legal right to modifications, and finally leads to the value and functions of the national autonomous areas legal Accommodation Power analysis illustrates the practical significance of the implementation of the national autonomous areas in China legal Accommodation PowerIn the second part, I analysis the operating situation in autonomous regions. This section focuses on autonomous local legal right to modifications practice and the results achieved were analyzed by induction Legal Accommodation Power in China since the founding of several different stages of the implementation of the performance, which summed up the national autonomous areas Legal Accommodation Power in practice a number of issues, and then analyze the factors restricting the ethnic autonomous areas legal Accommodation Power in practice.The third part discusses how to protect the legal modification in autonomous regions. This section first raised the need for the protection of national autonomous areas Legal Accommodation Power, followed focused on the way to the protection of national autonomous areas the legal right to modifications, for comments and suggestions on the improvement of the legal right to work around China’s ethnic autonomous areas.The forth part investigates the regulation problems of autonomous regions. Because at this stage of China’s ethnic autonomous areas of the legal right to work around the lack of protection while also wanton abuse, while in practice to take measures to protect, but also consider adopting measures to be regulated, in order to contribute to the national autonomous areas the legal modifications right to healthy development.
Keywords/Search Tags:autonomous areas, the right to legal modifications, protection, regulation
PDF Full Text Request
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