A Study On The Legislative Transformation Mechanism Of Ethnic Custom In Northwest China

The ethnic custom is the social norm that the people with the same ethnic group identity have formed through the repeated generally obeyed behavior.It shows and enjoys the various characteristics as social norms in theory with the customary law and the law.At the same time,there are some differences on binding,former of regulations,enforcing and regulating mechanism.And there are frequent interactions in practice.This paper focuses on one of multi-normative interaction forms-the legislative transformation of ethnic customs.Ethnic customs firstly constitute the social basis of self-esteem of members,and secondly,as social conditions affecting ethnic members,it is necessary to promote the substantive equality for ethnic minority citizens through legislative transformation.After selecting the results of the legislative transformation of the existing ethnic customs in Northwest China,it can be divided into five categories: living customs,environmental protection,economic,public management and cultural customs.According to the analysis on the existing legislative achievements,the practice of ethnic customary legislation transformation in northwest China has been selected according to the principle of separation of government and religion,the principle of good public order and customs,and the principle of interaction between public administration and ethnic autonomy in terms of content.Although some achievements have been made in the transformation of ethnic customs and legislation in Northwest China under the guidance of these principles,at the same time,there is the insufficiency of the separation of government and religion,and over conservation of the standard of good customs and the shortcomings of excessive in-depth national self-government which hinder the further development of the transformation activities of ethnic custom legislation.In the aspect of the present situation of the legislative system,the legislative transformation of ethnic customs in Northwest China has made reasonable arrangements based on its own circumstances in relation to legislation participants,the legislative authority and the legislative procedure.However there are still some shortcomings.As far as the related participants are concerned,the legislative technology needs to be improved,the subject of legislation is out of touch with thesocial reality,and the participators are limited by their own abilities and interests.In terms of the legislative authority,there are some problems such as the shortage of the legislative authority of the general local government,the idleness of the legislative authority and the insufficient exertion of the legislative authority of the ethnic local autonomy.In terms of the legislative procedure,there are gaps in legislative procedures and regulations,lack of special care in legislative democracy,and excessive pursuit of legislative efficiency.The problems above could be solved from three aspects.The first one is to put the entity content into the system,prevent the alienation of the human standard through negative lists,promote the legislative procedures and regulations,reconfigure and excavate the legislative authority,give full play to the role of legislative amendment and legislative supervision.The second one is to strengthen the obligation of norms extension,to pay more attention to ethnic customs in legislative planning,to strengthen the transmission of legislative pressure,and to pay attention to the implementation of international human rights norms.The third one is to optimize the linkage of the relevant subjects,improve the ability of the subject,and promote the legislative subject to assume the responsibility of coordinating the parties from both internal and external aspects,and guarantee legislative democracy through the construction of the system.