The Study On The Power Of Flexible Execution And Suspension Of Execution Of The People's Government In National Autonomous Areas

Regional national autonomy is a system which implemented in the national minorities under the unified leadership of the Party and the state.There are special organs of self-government to enjoy and exercise the right of autonomy in those regional autonomy areas.The system of regional national autonomy is coincided with the realistic national condition of our country and the fundamental interests of all ethnic groups,and the system itself has a tremendous vitality.As the core of regional national autonomy,autonomy is the basis for the realization of regional national autonomy and it is also an important symbol of that national autonomous areas is different from other general local state organs.In accordance with Article 20 of the Law on Regional National Autonomy,the organs of self-government in national autonomous areas shall have the right of flexible execution and suspension of execution of resolutions,decisions,commands and instructions from superior state organs.This right is an important content in our national regional autonomy system,which plays an important role and significance in guaranteeing the rights of national minorities and their citizens,completing the construction of democracy and rule of law in our country and correctly handling the relationship between the national autonomous areas and the central authorities if it can be adequately exercised or scientifically operated.This paper makes a systematic analysis based on the current situation of the people's governments in the national autonomous areas who are understandably reluctant to exercise the right of flexible execution and suspension of execution,taking the exercise of the right of flexible execution and suspension of execution by the people's government in the national autonomous areas as the research object.This paper analyzes the main reasons that restrict the flexible execution and suspension of execution from legal reasons and non-legal reasons these two aspects.On the basis of this,the author puts forward some concrete suggestions on promoting the effective exercise of the right of flexible execution and suspension of execution by people's government in the national autonomous areas from two aspects.In view of the problems existing in the legal causes,such as the unclear entities of application for the exercise of right,the imperfect approval system,the strict requirements of the flexible objects,the imperfect supervision mechanism and so on to enhance the possibility of the realization of the rights by perfecting the legislative technology,regulating the entities of application for the exercise of right,optimizing the application procedure,establishing the time limit of investigation,establishing the mechanism of dispute resolution.In view of the non-legal reasons such as the lowlevel cognition in executive subject and the unclear division of functions between government departments,this paper tries to put forward some beneficial measures from two aspects: converting the entity concept about power exercising and optimizing the power operation environment.