The Analysis On National Regional Autonomy:From The Perspective Of The Principle Of Subsidiarity

Since the Regional National Autonomy was implemented,more than half a century has gone,and practice has proved its necessity.However,there are many problems in the practice of the system,one of which is that the effect is not ideal.The reason lies in the lack of autonomy and enthusiasm in national autonomous areas,which is rooted in no clearness of the division of powers between the central and national autonomous regions,superior and subordinate government.This is not a new problem,because many scholars have studied what exclusive powers national autonomous regions have.However,past studies mostly focus on national autonomous region itself,and not recognize the fact that it is difficult to divide exclusive powers of national autonomous regions,for the subordinate government is almost a replica of the superior.Therefore,it is not possible to clearly define the exclusive jurisdiction of the ethnic autonomous areas.The idea of the division of rights reflects the characteristics of the "top-down"privilege distribution in china.According to the people's Congress System,there is the"bottom-up" election of Representatives,but after power rests with the National People's Congress,the central government,as the executive organ of the National People's Congress,has a "top-down" logic in terms of national governance,which will get the local governments passive.However,the people are masters,so their own affairs should be taken charge of by themselves first of all,which should be along the"bottom-up" logic of "individual-community or village-town-provincial-Central".As one of the constitutional principles of the European Union,the principle of subsidiarity has same logic.According to the principle of subsidiary,the subordinate government should take the main and first responsibility in its own area,only when the subordinate government can do if by itself and only if the higher authority implement the affair more effectively,the higher authorities will implement it.The principle of subsidiary has negative and positive effects,which can not only promote the integration of the European Union,but also protect the autonomy and enthusiasm of all the components.The spirit of this principle is embodied in the relevant policies and regulations of our country,and embodies the spirit in many aspects in practice.According to the principles of administrative law,there will be forbidden without law authorization,so the superior power list is easy to make,which accords with the spirit of the principle of subsidiarity,and according to this idea,the regional ethnic affairs can be divided into two categories:one is the exclusive domain,belonging to the central or higher national autonomous region governance;two is the common field,shared by the central authorities at a higher level and government and the national autonomous region governments.Moreover,we should follow the principle of subsidiary in the management of ethnic regional affairs,that is,the positive role of the subsidiary principle should be played in the exclusive domain,and the negative role of the subsidiary principle should be played in the common field.To explore a new path for the division of powers of regional national autonomy in the perspective of the principle of subsidiary,this paper is divided into five parts:firstly,it introduces the background and significance;secondly,through the review of the system of regional ethnic autonomy,it finds the main problems of the system of regional ethnic autonomy in the running process,which leads to the principle of subsidiarity;third,through the analysis on the principle of subsidiarity,it explores a new path of division of powers,whose legality and Rationality will be demonstrated;Fourth,from the point of view of the principle of subsidiarity to examine the regional autonomy of ethnic minorities,through the new path of the division of authority,how to do it is analyzed with a specific case;finally,there will be a summary.