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A Study On Autonomous Legislation In Ethnic Autonomous Area Under The Background Of The Modernization Of Governance

Posted on:2021-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ZhongFull Text:PDF
GTID:2416330626959849Subject:Law
Abstract/Summary:PDF Full Text Request
The modernization of governance system and governance ability is the realistic choice to realize the great rejuvenation of the Chinese nation in the new era.As an organic part of the nation,the ethnic autonomous areas must be modernized.The modernization of governance must be governed by law first.Good law makes good governance.In order to realize the modernization of governance in the ethnic autonomous areas,we must make good laws.The autonomous legislation in the ethnic autonomous area is the important source of the legal norms in the ethnic autonomous area and the source of the modernization of governance in the ethnic autonomous area.How to examine and improve the autonomous legislation under the background of modernization of governance has become an important task in the modernization of ethnic autonomous areas.The legislative subject,legislative content and legislative process are three organic parts of the autonomous legislation in the ethnic autonomous area.At present,the modernization of the governance system and the governance ability put forward new requirements for the autonomous legislation,which requires the autonomous legislation subject to be diversified,the legislative content to be precise and the legislative process to be democratized.The diversification of legislative subject is the precondition of the democratization of legislative process and the precision of legislative content.The diversification of legislative subject and the democratization of legislative process are the guarantee of the precision of legislative content.The precision of legislative content is the inevitable result of the diversification of legislative subject and the democratization of legislative process.The three parts are closely connected,mutually promoting,forming a virtuous cycle.Only by realizing the harmonious unification of the diversity of the legislative subjects,the precision of the legislative contents and the democratization of the legislative process can we accelerate the modernization of governance in the ethnic autonomous area.However,in reality,the autonomous legislation exists the problem that the legislative subject of the people's congress is single and the legislation of the government is missing.There are some problems in the content of legislation,such as the unbalanced adjustment of social relations,the inadequacy of ethnic flavor,theillegality of aging contents and the nonstandard language expression.There are some problems in the legislative process,such as the low level of popular participation,the low level of legislative openness and the low efficiency of autonomous legislation.Therefore,we should give the standing committee of people's congress and the government certain right of legislative autonomy to realize the diversification of the legislative subjects of autonomous legislation.We should break down the misunderstandings,enlarge the legislative field,fully exercise the legal adaption,appropriately absorb the national customary law and improve the legislative ability,in order to realize the precision of legislative content.We should establish the grassroots contact point for legislation of autonomous legislation,establish the legislative deliberation of autonomous legislation,improve the mechanism of information disclosure and feedback of autonomous legislation,standardize the approval procedure of autonomous legislation,so as to realize the democratization of legislative process.At the same time,we should promote the organic unification of the diversification of the legislative subjects,the precision of the legislative contents and the democratization of the legislative process in order to promote the good governance of the ethnic regional autonomous areas and finally realize the modernization of the governance of the ethnic regional autonomous areas.
Keywords/Search Tags:modernization of governance, autonomous legislation in ethnic autonomous area, diversification of subject, precision of content, democracy of process
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