Research On The Legislative Flexibility Of Ethnic Autonomous Region

Empowering autonomous areas with the right to change legislation is the right choice to solve ethnic problems,which is also the product of our long-term practice It is the product of our legal system after long-term practice.Relying on the system of ethnic regional autonomy,based on the Constitution and related laws and based on the ethnic characteristics,it is a kind of legislative activity to adapt the relevant law.Its existence is legitimate and reasonable.However,when it comes to legal provisions,the legislative flexibility of ethnic autonomous areas also exposes certain problems,such as the nature of the flexible legislation is unclear,the content and authority of the unclear problems;in practice,there is also a dilemma of imperfect procedural systems and weak applicability in the fields of civil law and criminal law.This paper mainly analyzes from the theoretical and practical level,compares the relevant clauses related to its scope,sorts out the key points,and analyzes the status and content of the legislative flexibility right;Furthermore,combined with the current situation of the implementation and operation of the legislative flexible power in autonomous areas,this paper explores the problems existing in the procedure of flexible legislation,such as the low degree of procedural democratization and the non-uniform time limit of approval,and analyzes the practice status in their fields from the Civil Code and Criminal Law,which are two representative laws,to clarify that although the Civil Code does not provide flexible legislation,Whether it can continue to use the right to make flexible provisions in the former separate law,and the hindrance factor that the flexible provisions of the Criminal Law are not applied;Finally,based on the objective needs of the ethnic group,provide optimization directions,clarify its positioning and content,improve procedural systems,and improve its application in the fields of civil law and criminal law,so as to exercise the right of legislative flexibility in the direction of high quality in the ethnic autonomous areas,and promote the unification of the national legal system and ethnic unity and stability.