On The Legislative Flexibility Power Of National Autonomous Areas In China

The "Great Rejuvenation of the Chinese Nation" was written into the preamble of the Constitution in 2018,marking that the "Chinese Nation" has become a constitutional concept,and the realization of the "Great Rejuvenation of the Chinese Nation" has become a constitutional goal.This means building a "consciousness of the Chinese nation’s identity",which has also risen from political theory to constitutional spirit,and has become a constitutional order that the legal system needs to achieve.From a political perspective,the ethnic community provides its members with a specific way of life,which is a kind of social culture.In order to realize their own value,the members of a nationality cannot leave the feasible scope provided by the social culture of the nationality.In multiethnic countries,members of ethnic minorities expect themselves to have "the right to be treated equally as equal people." However,the lack of this abstract right is reflected in all aspects of life.In terms of legal rights,the rights of ethnic minority members as a minority in a multi-ethnic country to express their social culture in the law may be systematically ignored.Resulting in unequal rights with members of the majority.Then the legislative workaround reflects the respect and compensation of the majority to the minority.Although the social culture of different ethnic groups is very different,the difference is not in the value pursued-living a good lifestyle(realizing the basic rights of citizens stipulated in the Constitution)-but in the realization of this value the way.Therefore,the legislative workaround guarantees the social culture of ethnic minorities on the one hand,and pursues a multi-ethnic lifestyle of mutual help on the other.The legislative flexibility,as a bridge that combines two levels,builds the national identity on the basis of maintaining ethnic identity.This is the way the legislative flexibility is intended to achieve the constitutional purpose of "the great rejuvenation of the Chinese nation."From the perspective of constitutional science,Articles 115 and 116 of the Constitution stipulate the basic principles of legislative adaptation in terms of the content and procedures of legislation,but in Article 115," The constitutional connotation of "implementation and implementation" still has ambiguity.This provision alone cannot clarify its normative connotation,so it is necessary to explore the basis of rights guaranteed by power.From the perspective of the constitutional guarantee of rights,a clearer explanation of "implementation" is made.Relying on the openness of the "Human Rights Provisions" and the "Equality of All Nationalities" stipulated in the General Outline of the Constitution,the logic of protecting the basic rights of citizens of all nationalities must be combined with the logic of their social culture,that is,"the rights of citizens of all nationalities" The right to equality is what Dworkin called "the right to be treated equally as equal people." Relying on this right,combined with the German constitutional science to analyze the research paradigm of "functional system of basic rights" of citizens,the objective value function of the right of "equal citizen rights of all nationalities" has been deduced to form a legislative workaround.It also analyzes the constitutional restrictions on this right.The constitutional restrictions that cannot be violated when guaranteeing "equal rights of citizens of all nationalities" and combining the social culture of ethnic minorities with legislative adaptations include: absolute reservations stipulated in the constitution,expressly stated in the constitution Legal reservations,legal reservations implied by the Constitution;in essence,legislative adaptations cannot violate public interests,but public interests are ambiguous.If the legislature does not actively formulate or arbitrarily formulate legislative adaptations based on public interests,it will infringe on ethnic minorities.The basic rights of citizens are difficult to measure without specific cases.The "Constitutional Entrustment" of the Constitution stipulates that legislative adaptation rights are formed by the law in accordance with the Constitution,but the "Legislative Law" and related basic laws have different provisions in terms of powers and procedures.According to the text of the Constitution,the contradiction stipulated by the law is interpreted according to the constitutional order.When the Legislative Law conflicts with relevant enabling laws,the provisions of the Legislative Law shall prevail,and the relevant laws shall be interpreted for purposes of limitation;the only exception is the Criminal Law,because the legal benefit protected by the criminal law is the Constitution or Implied legal reservations,and the rights guaranteed by them have more constitutional importance(constitutional reservations),so the purpose of the Legislative Law is to restrict interpretation.The legislative adaptation right also has many practical problems.Specifically,from the perspective of the formulation of the legislative adaptation provisions,the enacting organs,and the approval organs,the "adaptation provisions" and "supplementary provisions" formulated after the promulgation and implementation of the "Legislative Law" in March 2000 have been specifically made "And a separate analysis.The key point is to make a detailed inquiry into the legal basis of the formulation agencies and formulas of the "flexible regulations" and "supplementary regulations",and find that most of the variations and supplementary regulations are not authorized by narrow laws,and this part of the normative documents has Geographical concentration is basically made by the ethnic autonomous areas in Sichuan Province.