Study On The Flexibility Of Ethnic Autonomy Laws And Regulations

China is a unified multi-ethnic country.Respect and tolerance for differences are important principles in ethnic work.Governing ethnic affairs according to law is the key to promoting the high-quality development of ethnic areas.Accommodation power in legislation is a special local legislative power given by the state to ethnic areas.Its particularity lies in its ability to adjust the upper law that is not suitable for the development of the region according to local characteristics and ethnic customs.The exercise of accommodation power in legislation is conducive to protecting the substantive equality rights of ethnic minorities,connecting the customary law of ethnic minorities with the national system law,and is also conducive to building up the sense of Chinese national community.By combing the fields and contents of legislative adaptation,this paper concludes that there are some problems in the process of legislative adaptation,such as inadequate exercise of the right of adaptation,low adoption of customary law,and lagging revision of laws and regulations.By analyzing the existing problems,it is found that the reasons lie in the deviation of the legislative subject’s understanding of the exercise of legislative flexibility,the implicit risk of the exercise of the flexibility,and the immature and imperfect legislative technology.Therefore,to promote the improvement of alternative legislation,first,the legislature should grasp how to exercise the legislative alternative power.Specifically,the first is to accurately understand the meaning of the exercise of the right of accommodation,correct cognitive bias,and accurately position their own responsibilities.The second is to clarify the limits of exercising the right of flexibility to achieve the balance between the unity of the national legal system and the right of legislative flexibility.Thirdly,we should properly absorb the customary law of ethnic minorities,enhance the acceptability of the law,and effectively realize the legalization of social governance.In addition,legislative techniques should be perfected.Specifically,the first is to improve the legislative planning,widely listen to opinions,and properly handle various social interests.The second is to optimize the pre-evaluation of alternative legislation and check the quality of regulations from the source.The third is to establish a system for clearing up local laws and regulations,coordinate the relationship between laws and regulations in a timely manner,and promote the construction of the rule of law in ethnic areas.