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Study On The Legal Adoption Of The National Autonomy Place

Posted on:2008-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ShiFull Text:PDF
GTID:2166360215982958Subject:Legal theory
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The implementation of the national autonomous areas of the basic characteristics of the law is to protect the unity of national laws to implement, and modification Socialist rule of law in the autonomous areas to achieve the unity of the legal system according to national laws Legislative modifications autonomous areas is the realization of the needs of national identity, is the realization of the establishment of a market economic system of minority autonomous areas and is a necessary requirement for equality of national law.The unity principle of the socialism legal system is the request of national sovereignty, The unity principle of legal system's doesn't mean the law rule is completely consistent, doesn't mean phrase sentence is similar, but unify of spirit substance, this kind of unify embody on diversion and particularizing with basic principle. The unity principle of the socialism legal system com- bines together with vivid principle. The adoption of regional autonomy ethnic minorities is exactly this kind of body of vivid principle.The adoption of regional autonomy ethnic minorities is the valid method which solves conflict of the national law and race characteristics, and its exis- tence have rationality. See from the politics , its existence is the demand of national approbation; See from the economic level, its existence is the valid means that the national autonomy place carries out an economic system chan-ge;See from the cultural level, it is he path of positive interaction of minority common law and national law;See from the legal theory, it is to carry out the substance equal inevitable request.According to the provision of the law, the adoption of regional autonomy ethnic minorities have particular provision, this kind of provision main body now each main factor of the corpus, object, contents, procedure...etc. The law rule is the foundation of concept formation.on this foundation, more important excavation of the provision implied by this system, this opposition the method fulfillment have greater instruction meaning.The article analyzed the legal power problem from the legal system; from the autonomy system of the ethnic minorities'analysis the realm of the adap- tion of regional autonomy ethnic minorities; from the authorization lawmaking analyzed position problem, hopes to be a help to regional autonomy ethnic minorities.The conflict of the of national method and national minority com- mon law is the reason that the adoption of regional autonomy ethnic minorities create. In the meantime, the adoption of regional autonomy ethnic minorities is conceive under a system of the autonomy of ethnic minorities frame, it doesn't resolve conflict problem about national method and national minority common law purely, more important it carries autonomy right to exercise and the expre- ssion of benefits in the national autonomy place. From here can see the proper- ty that the adoption of regional autonomy ethnic minorities is law attribute and political attribute to combine.The adoption of regional autonomy ethnic minorities to exercise should follow legal system to unify a principle, having already improvised a nece- ssary principle, body indeed now the principle of place special features and race special features.In the development of the western region, the autonomous areas should use the right to modify the legislation advantages, according to the local national political, economic and cultural characteristics of national laws and administrative regulations, local laws and regulations to modify the law, autonomous areas to promote social and economic development...
Keywords/Search Tags:the national autonomy place, the legal adoption in the national autonomy place, principle of the national autonomy place
PDF Full Text Request
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