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Research On The Flexible Execution Right Of Autonomous Prefecture

Posted on:2018-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:C TangFull Text:PDF
GTID:2336330512988745Subject:National Law
Abstract/Summary:PDF Full Text Request
The right of enforcement of national autonomous areas refers to the powers,decisions,orders and instructions of the higher state organs,and the competent powers of a particular subject if they are not suitable for the actual situation of the national autonomous areas.It is an important content of our country's regional autonomy system.Its full exercise or scientific operation is of great significance to promote the development of ethnic areas and improve the system of regional ethnic autonomy.According to the different subject of flexible execution,it can be divided into autonomous execution of autonomous regions,autonomous prefectures and autonomous counties.The implementation right of autonomous state is an important type of executive power in national autonomous areas,and its implementation right comes from autonomy,power,autonomy,nationality and procedural characteristics.Procedural requirements of the autonomous state of the autonomous authorities that the resolutions,decisions,orders and instructions are not suitable for the actual situation of national autonomous areas,subject to the approval of the higher state organs can be implemented.The main autonomous prefecture have the right to exercise the right to flexibly implement only the organs of self-government,namely Autonomous Prefecture People's Congress and Autonomous Prefecture People's government,they must follow the principles of unification of legal system,the principle of necessity,principle and approval in advance to the principle of national regional autonomy of ethnic minorities in the process of exercising such powers.Taking Enshi Tujia and Miao Autonomous Prefecture as an example,it is found that there exists a series of problems in the process of operation,which is in the state of autonomy.For example,the irregular implementation of the exercise is not active,and the related supporting system is imperfect.The reason lies mainly in the general provisions of the law,lack of understanding of ideas,lack of matching programs.The lack of a flexible procedure and the lack of a review mechanism for flexible enforcement is the main reason.In order to effectively play the advantages of the system of Autonomous Prefecture of flexible enforcement power,should strengthen the theoretical research of flexible implementation of the right to know the connotation,implementation path,to avoid the wrong way in the concrete operation process;it is necessary to further improve the implementation of the exercise of the right of the flexible supporting system,improve the quality of legislation,offer the procedure guarantee the flexible execution power;in addition,in order to guarantee the exercise of executive power of the Autonomous Prefecture work properly,should improve the relevant supervision mechanism,increase the autonomous prefecture to exercise the right to perform alternative assessment and inspection efforts.
Keywords/Search Tags:Flexible execution, Regional autonomy of minority nationalities, Autonomous prefecture
PDF Full Text Request
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