Practice And Theoretical Research On The Legislation Of National Autonomous Areas

Legislation in ethnic autonomous areas is one of the important forms of local legislation in China.The legislative modification of ethnic autonomous areas is an important manifestation of exercising legislative power in ethnic autonomous areas.Based on the system of regional ethnic autonomy,the legislative flexibility of national autonomous areas in China plays an important role in protecting minority rights,maintaining national identity,and safeguarding national unity.On the one hand,the practice of legislative reform in China,s national autonomous areas is increasingly rich.Through the investigation of the form,subject,content,object,ethnicity and geographical distribution of legislative changes,we can find that the legislative changes in China's national autonomous areas have covered folk customs and economy.In some aspects,such as the environment and politics,to some extent,the conflict between the normative nature of national laws and the particularity of ethnic groups in autonomous areas has been alleviated.On the other hand,China,s theoretical research on the legislative change of national autonomous areas has not been grasped,and there is still much room for study on the legitimacy,reasonable setting and legislative limits of legislative reforms in ethnic autonomous areas.The legitimacy of legislative amendments in national autonomous areas is the basis for their enjoyment of legislative rectification rights.The theory of minority rights protection,the principle of national self-determination,the principle of legal human nature and the historical tradition of national autonomy are the legitimate sources of legislative flexibility in ethnic autonomous areas.The legislation of national autonomous areas has both factual basis and legal basis.The former includes complex geographical and ecological structure,unique ethmic customs and habits,and the distribution pattern of large mixed populations and small populations.The latter includes the Constitution of the People's Republic of China and the Chinese The Peopled Republic of China Legislation Law and the Law of the People's Republic of China on Ethnic Regional Autonomy.With the revision of the "Legislation Law" in 2015,the nature of legislative changes in ethnic autonomous areas is more clearly embodied in the powers legislation.The form of legislative changes only includes autonomous regulations and separate regulations,in order to comply with the laws of autonomous regulations and separate regulations.The flexible and suppleruentary provisions set out in the context of the provisions are not legal.After clarifying the form of legislative change in the national autonomous areas,the legal hierarchy considerations of the legislative changes in the national autonomous areas are transformed into the legal hierarchy of autonomous regulations and separate regulations.If the rational setting of legislative flexibility is fixed form of legislation,then the limit of legislative flexibility sets a threshold for its content,which means that legislative flexibility must be necessary and national,and no law or national regional autonomy law When laws and regulations with special regulations are adopted,it is necessary to clarify the limits of local regulations and legislative changes in ethnic autonomous areas.