| If the legal system as a static concept and mainly from the perspective of legal system construction from the legislative level to explore. So the rule of law in western China to run the connotation of development is a dynamic concept. For the rule of law in western China from the definition of the scope of operation with broad sense Angle to understand the research object. And run the scope of the rule of law in western China not only include the traditional legislative, judicial, law enforcement and law-abiding these four links. At the same time should also include the influence and function of customary law in rural society, and the civil society should have the concept of the rule of law, etc. In general, this specific area in western China is relatively in China’s eastern coastal areas and the central China region. Besides, the western region of China from connotation mainly refers to the distribution in China western inland and coastal but underdeveloped economic cultural and social development. From the point of extension, the western region of China including sichuan, guizhou, qinghai and other 12 provinces and regions. And from the point of view of administrative region division, a total of 12 provinces and autonomous regions in western China. Notable is, to explore the western region of China is inseparable from the rule of law runtime for the western region of China the analysis of the natural environment and humane environment. Run under the rule of law in western China geographic area on the concept of the rule of law in the area of the geography in China the proportion is very big. And the western region of China on China’s administrative division or land area and the geographical position and natural resources are the importance of cannot be ignored. And, more importantly, the western region of the complexity of terrain and climate in the natural environment is has a lot to do with the rule of law in the west of the operation. And the rule of law in western China to run one of the most obvious is the western rule of law in many characteristics of operation focus on seeking and the unity of the national culture of western justice value and security of western rule of law operation focuses on regional national autonomy and western rule of law to the safe operation of special operation attaches great importance to the civil native social evaluation of the effects of the case. Run the western rule of law is inseparable from the fairness and justice. Because the safeguard social equity and justice is the core content of the rule of law in western China. Justice operation of the western region of the rule of law in China reflected by the system level design is emphasized in the western value contained in the national culture of justice in the individual sense should be protected by the constitution. The operation of the western region of China, on the other hand, the rule of law requires from legal system to the rule of law system has realized the leap from system to system practice. And the vitality of law lies in implementation. Also, the authority of the law lies in implementation. Then the historical conditions it is necessary to run the rule of law in western China make necessary analysis. Through the study of historical data, we can see that the rule of law in western China operation in 1949-1966 is the beginning of the legal system construction in western China. In 1966-1966, running status is shown by lawless chaos, until in 1978 after the reform and opening up of China western region into a normal orbit of the rule of law. And the problems existing in the operation of the rule of law in western China is mainly under the context of governing the country by constitution the task facing and effectiveness has not give full play to the regional national autonomy, followed by tensions between folk law and national law and the west with the challenge of terrorist violence. There is the western region of China national customs and habits of tensions with the modern idea of rule of law. At the same time, the western region of China the rationality of the special national habit to know there are differences. It can’t avoid ethnic customs and habits of China’s western region tensions with the modern idea of rule of law. Delve into the rule of law in western China, therefore, it can be seen in analyzing the cause of the problems existing in the running of promoting the rule of law in the new period under the background of adhering to the party’s leadership construction of rule of law cannot be changed. Is on the other hand, the traditional Chinese Confucian legal culture and the modern rule of law to run right standard required by the law culture is the existence of conflict. It is worth noting that China’s western region of the tensions between national law and folk law and a deeper internal factor is the Chinese traditional legal culture and western legal cultures. Because in promoting the rule of law under the national strategic blueprint of the rule of law in many laws and regulations are based on the study of western legal culture transplant by the concept of essence and reference. But generally speaking, the western region in China play a role of folk law in rural society is often comes from Chinese Confucianism method under the confluence of the formation of the traditional legal culture. So in the analysis of the cause of the tension between the common law and national law is cannot leave the operation of the western region of the rule of law in China under the framework of the ethnic minority areas the idea of modern rule of law and customary law in the rural society under the rule of law to lead the discussion. More importantly, in the operation of the modern rule of law system, every social citizens’personal and property are protected should be equal. Besides, citizens’inner peace has the right to work in the social life of deserve basic safeguard, which from the odium of illegal and fear. This is the rule of law in western China run by one of the social value. Because it is not only the concept of the operation of the modern rule of law, is also the foundation of the rule of law in western China operation. In the process of operation of the western region of the rule of law in China, we hope that the future of China, the rule of law is also a part of our faith. The rule of law in western China run orderly to get into a good state and social effect has the idea of modern rule of law should be believe each social citizens. If from aiming at the existing problem of the rule of law in western China operation solution ideas to consider. As a result, the countermeasures to solve these problems is through the autonomy regulations such as legislation and local governments in regional ethnic autonomy within the category of role transformation, the second is to build national law and national habits of corresponding coordination mechanism and reform and improve the regional national autonomy. The western region of China, of course, in operation of the rule of law and the improvement of judicial operation mechanism is completely can try from the implementation of judicial power and the implementation of separate system reform the way of thinking to consider. There should not be neglected, countermeasures for existence by the operation of the western rule of law is the national habits in law enforcement practice, and the application mechanism of the multi-layer build coping mechanism of terrorist violence. |
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