On The Legislative Power Of The Autonomous Prefecture In China

Regional autonomy of ethnic minorities system plays an important role in the legal system of China.The comprehensive socio-economic development of ethnic minorities and ethnic autonomous areas requires the establishment and protection of the system of regional ethnic autonomy.There are three levels of national autonomous area in our country,and the autonomous prefectures are in the middle,playing key roles between linking up and opening up.At the same time,autonomous prefectures have the dual legal status of ethnic autonomous areas and general administrative divisions.After the revision of the "Legislation Law" in 2015,30 autonomous prefectures throughout the country obtained local legislative power.That is,the National People's Congress of the Autonomous Prefecture and its Standing Committee and the People's Government of the Autonomous Prefecture have the power to formulate local regulations and government regulations on the matters concerning urban and rural construction and management,environmental protection and historical and cultural protection.Since then,the Autonomous Prefecture has enjoyed full legislative power,including the right to autonomous legislation and general local legislative power.Therefore,it is of necessary to reorganize the legislative power of ethnic autonomous prefectures in theory.This dissertation attempts to re-determine the legislative power of the Autonomous Prefecture in the perspective of constitutional law,and with reference to the findings of the national jurisprudence and the intersection of the system and the crossroads between central and local decentralization as the start,to redefine the legislative power of autonomous prefectures,to clarify the autonomy legislative power and ordinary local legislative power,In order to systematically sort and clarify the legislative power of autonomous prefectures theoretically to achieve the "right place" for the legal status of autonomous prefectures and to further develop and perfect the national legal system of social subjects with Chinese characteristics.This dissertation is divided into five parts,first of all,mainly introduces the historical evolution and constitutional semantics and their dual legal status.Then focuses on the autonomy of autonomous prefectures as the autonomous areas of national autonomy,including their power acquisition,autonomous regulations,regulations and modifications,the exercise of the right to formulate supplementaryprovisions and the adaptability and relative independence of the legislative power of autonomy.Thirdly,discussing the general local legislative power enjoyed by autonomous prefectures as an administrative division,that is,after the revision of the Legislation Law.The fourth part compares different kinds of legislative power and discussed in the autonomous prefecture in the aspects based on legislative,the nature of the legislation,scope of the authority and the level of effectiveness.In the last part,based on the preface,we think more deeply about the relationship between competing and ablating of the two kinds of legislative power,and try our best to provide some possible problems that the author think of in the following legislative practice,hoping to arouse readers' attention and research.During discussing the legislative power of autonomous prefectures period,the research field of ethnic jurisprudence will be broad in theory and enrich the connotation of constitutional law departments,which helps to understand more clearly the particular and complex legislation in the legislative system of our country in a proper position.By drawing on and absorbing the current research achievements of the academic community and integrating the jurisprudence research with the system of local autonomy and ethnic issues,it is conducive to promoting the standardization and practicalization of legislation in ethnic autonomous areas and striving to make theoretical,institutional and future legal design.By drawing lessons from and absorbing the current research results of academic circles and combining law research with the system of local self-governance and ethnic issues,it is conducive to promoting the legislativeization and practical application of legislation in ethnic autonomous areas,and striving to achieve theoretical,institutional and future legal norms.Embodies further attention to the legislative power in ethnic autonomous areas in order to more effectively bring into play the special role of ethnic laws and regulations in China's ad hoc socialist legal system.