Research On The Problems And The Countermeasures In The Legislative Flexibility Of Ethnic Autonomous Areas

The legislative flexibility of ethnic autonomous areas refers to the power of the people of ethnic autonomous areas to make flexible provisions of relevant laws and regulations through legislation in the local areas,based on the constitution and laws of China and the unique social,political,economic,cultural and other ethnic conditions of the minority areas.In the past,the research on the legislative flexibility of ethnic autonomous areas mostly started from the level of national legislation,and simply defined the flexibility as a kind of public power entrusted to ethnic autonomous areas to adapt to ethnic social culture.But this paper argues that power comes from the right,legislation and flexible is the social culture of ethnic minority groups such as the embodiment of the rights in legislation,is the effective way to express their political aspirations of ethnic minority,has the dual nature of rights and power,both the rights of the ethnic people should enjoy,and as the power of the people should enjoy.Legislation of regional ethnic autonomy and flexible constitution is granted to ethnic autonomous areas the embodiment of the people’s rights in legislation,and most people respect for minority and compensation,to solve the national law in ethnic autonomous area with the differences of limitations,to study can not only help to exercise the autonomy of ethnic autonomous areas,To implement national laws in the ethnic autonomous areas,at the same time also can promote minority areas pays special attention to the rural revitalization of the historical opportunity,enhance the endogenous driving force of the development of the ethnic minority areas,to promote stable and rapid development of economic society in ethnic regions,realize the common prosperity development of the good of all ethnic groups,has great theoretical significance and practical significance.This paper mainly adopts the method of literature research and case study to study the legislative flexibility of ethnic autonomous areas,which is specifically divided into the following parts:This paper first introduces the basic theory of legislative flexibility in ethnic autonomous areas.By analyzing the necessity of legislative flexibility under the multi-ethnic background in China,this paper clarifies the definition of legislative flexibility in ethnic autonomous areas,and expounds its three characteristics:ethnic characteristic,autonomy and flexibility from the core vocabulary of legislative flexibility in ethnic autonomous areas.At the same time,this paper probes into the basis of the legislative flexibility right in ethnic autonomous areas,expounds the principle of the unification of the legal system,the principle of respecting the traditional habits of ethnic minorities,the principle of legalization of practical experience and the principle of regional autonomy of ethnic minorities.Secondly,it analyzes the deficiencies and reasons of legislative flexibility in ethnic autonomous areas.Through new hang dong autonomous county,huaihua city,hunan province,and study related instances in zhijiang dong autonomous county,from quality,people’s participation,administrative organs cooperation degree and monitor whether the effective legislation of regional ethnic autonomy are expounded in aspects of flexible deficiency,and analyzes the causes of these shortcomings.Finally,it discusses the system perfection of the legislative flexibility right in ethnic autonomous areas.First,we should establish a correct concept,understand that this right comes from the autonomy of ethnic minorities,is the embodiment of minority rights in legislation,correct understanding and understanding of its legal basis,but also timely change the legislative concept of ethnic autonomous areas.Second,it is necessary to strengthen the legislation technology of ethnic groups,improve the quality of legislation,clarify the organs for exercising the power of flexibility,implement the hearing system,further improve the legislation technology and procedures of ethnic groups,and improve the relevant legislative interpretation procedures and application of interpretation procedures.Third,we should perfect the supporting system of legislative flexibility,perfect the examination and supervision system of exercising legislative flexibility,establish the guidance system of legislative flexibility,and perfect the responsibility mechanism of exercising legislative flexibility.