On The Legal Attribute Of Ethnic Regional Autonomy In China

Ethnic regional autonomy is the core of the system of regional national autonomy in China, and the basis of the social affairs in ethnic autonomous areas. The relevant laws in our country give a wide range of autonomy in ethnic autonomous areas, including the political, economic, cultural and other areas of the national autonomous areas. The subject of regional ethnic autonomy should fully exercise the right of autonomy, the development of local national economic and cultural undertakings, the right to exercise the power of autonomy, national unity, prosperity and progress and make due contributions.Because of the law of our country for regional ethnic autonomy thought expressed in writing specified is not rigorous, and national law theory is still in initial stage, just for the development of the historical evolution of the regional ethnic autonomy, value and gradually improve the relevant measures were demonstrated. Therefore, for the legal attribute of China’s regional ethnic autonomy, meaning it is public power and private rights debate, scholars according to the angle of the real law, or national regional autonomy be and ought to be category different angles and legal theory foundation proposed separate parties point of view, these views from argue, forming a phenomenon of contention of a hundred schools of thought. So far, the core content of definition, nature of the legal attribute of regional national autonomy of our country is in the situation of not yet unified, the related theory on the system of regional ethnic autonomy and the development of national law is more disadvantageous.With the deepening of our country’s legal system continues to improve and the idea of rule of law, and the western countries and the world law academic exchange ideas, our country in various fields, research on the science of law have been varying degrees of impact, the theory of regional national autonomy is no exception. Properties of adhering to the nature of public power is due to the western countries does not exist the so-called regional ethnic autonomy, similar to the "local autonomy" system and the theory of reality, in recent years, the academic circles of scholars by the local autonomy of "natural rights" and "divine right", "limit" the core idea, increasingly that regional national autonomy should be right, make the public power and private rights is becoming more and more fierce, and even some of China’s regional ethnic autonomy is a public right force attribute of scholars have shaken that regional ethnic autonomy right has dual attributes, namely public power, private right of property.The author believes that the research on the legal attribute of the ethnic regional autonomy in our country should be thorough and thorough. I stand in their position, abandon prevailing in our academic circles, the doctrine of the mean philosophy, will involve the related concept of the regional national autonomy law attribute of independent thinking, analysis, understanding all the academic point of view of the basic theory, root cause analysis of debate, on the basis of this, the contrast and the regional autonomy for ethnic minorities in similar system, it is concluded that the difference between the two, using legal theory analysis, combined with China’s relevant laws and provisions for the regional ethnic autonomy, systematically analyze the fundamental legal attribute to China’s regional ethnic autonomy.