| China is a multi-ethnic country.Different ethnics have different customs and practices which affect the natives’ way of thinking and behaving.Especially with the development of the society,there are obvious contradictions between the customs of ethnic minorities and the mainstream.In order to guide ethnic minorities to better adapt to the mainstream,we has implemented a system of regional ethnic autonomy that is proved to be suitable for China’s national condition by more than half a century’s practice.The right to legal alternative is a great part of the right of ethnic autonomy in the ethnic autonomous areas in our nation.It refers to a kind of local ethnic autonomy that authority and executive branch,according to the authorization of laws and the local ethnic groups’ politics,economy,culture,etc.,ensure the accurate implementation of national laws by flexible legislation or flexible implementation.The right to legal alternative has constantly improved in laws and the practice of it has made great progress.However,our research on it is still limited,the various laws lack of communication on the norms,accommodation power in legislation is not active,alternative execution right is lack of uniform norms,and judicial flexibility is common.These series of problems should be paid attention to and improve the practical efficiency to ensure the implementation of national laws and firmly integrate the legal construction and social governance in ethnic minority areas into the whole national law Within the framework.In this paper,1 mainly throuth iterature research,historical research,on-the-spot research methods to investigate the right to legal alternative and its practice in ethnic autonomous areas.In order to put forward views from both theoretical and practical aspects,I divide this paper into three parts.The first part is the introduction.The first chapter to the fourth chapter is the second part which explains the definition of the right to legal alternative and analyzes the problems and reasons in the practice,then I elaborate on my humble suggestions.The fifth chapter is the last part which reiterates the significance of executing correctly the right to legal alternative for legal construction in ethnic autonomous areas. |
