Research On The Proper Exercise Of Legislative Accommodation Power In Ethnic Autonomous Areas

The so-called flexible power of legislation in national autonomous areas refers to that when implementing national laws and regulations,if there is a signifieant conflict between them and the characteristics of autonomous areas,relevant regulations should be used to make practical flexible provisions on non-principles that are not suitable for loeal practiee.The establishment of the flexible right folly reflects the government's det'ermination to implement regional ethnic autonomy,and the right occupies an important position in the legislative power of ethnic autonomous areas,which greatly promotes the implementation of related regional autonomy policies.This right is conducive to the realization of substantial equality of rights,the realization of national autonomy,the effective guarantee of the development of local legal civilization,and the protection of national customs.However,it was found in practice that the right did not fully play its role.Taking the flexible legislation of national autonomous areas in sichuan province and yunnan province as an example,this paper discusses the problems existing in the exercise and gives relevant Suggestions.By analyzing the performance of sichuan province and yunnan province in the exercise of legislative flexibility in the autonomous region,it is found that both of them are excellent in form,field,and specific content,and have effectively exercised the rights conferred by law.However,they still have some problems in legal basis,exercising subject,content and procedureAccording to the legal basis,we can start from two aspects:determining the attribute of power and elaborating the legal provisions.According to the subject of exercise,the author thinks it is advisable to expand the subject and confirm that both the NPC and the standing committee of the NPC are legitimate subject of exercise.In terns of the content of exercise,we can make clear flexible boundaries,expand flexible scope and strengthen national characteristics.In view of procedural problems,approval procedures can be simplified,filing procedures emphasized,examination and supervision agencies determined,hearing systems added,and relief methods defined.