From The System Of Ethnic Law To The Rule Of Ethnic Law

The rule of law is the common contribution of all human beings. It is an inevitable choice for countries with multiple-nations to modulate ethnic relations and cope with ethnic affairs according to law. After the policy of managing state affairs according to law was ratified in the fifteenth National Representative's Congress of Chinese Communist Party in 1997, our country is in the course of modern transition from the system of socialist law to the rule of socialist law. As one of the essential parts, the system of ethnic law should also turn to the rule of ethnic law. It is of theoretical and practical significance to do research on this issue.The system of ethnic law and the rule of ethnic law stand for two different patterns and states. As for their relations, the system of ethnic law is the basis and precondition of the rule of ethnic law. On the other hand, the rule of ethnic law is the ultimate goal and the final setting place of the other. Based on the survey of success and failure in the construction of the system of ethnic law after the foundation of People's Republic of China and the analysis of the causes of the relevant problems, this paper discusses the necessity of transition from the system of ethnic law to the rule of ethnic law in our country in three aspects. Firstly, it is necessary for us to develop socialist market-oriented economy in the areas where the minority peoples live. Secondly, it adapts to the general process of transition from the system of socialist law to the rule of law in our country. Thirdly, it reflects the superiority of the rule of law compared with the system of law in nature.The rule of ethnic law is one of the important constituents and a reflection of the rule of socialist law in the field of ethnic relations. It depends on the scientific and comprehensive ethnic legal system and the solid culture of the rule of ethnic law. Its content is to implement ethnic laws in order to protect rights of minorities, improve the development and prosperity in minorities' areas. It is an orderly state under which ethnic relations are modulated and ethnic issues are dealt with according to ethnic law. Since the rule of ethnic law is completely new for us, it is particularly important to establish related index systems, know the factors of restriction, and find the appropriate patterns and approaches of establishment. In the process of construction of the rule of ethnic law, such standards should be abided by as scientific and complete ethnic legal systems, supremacy of ethnic laws and perfect supervision system for the enforcement of ethnic laws and profound foundation of culture on the rule of ethnic law. Meanwhile, some factors should be overcome which restrict the construction of rule of ethnic law. For instance, the economic development in ethnic areas is backward, the qualities of the minorities are relatively poor, the traditional legal culture of the minorities is insufficient, and the ethnic issues are sensitive and complicated. By development of market-oriented economy in ethnic areas, improvement of ethnic regional autonomy system, exertion of the key role of the People's Congresses in the ethnic areas, enforcement of legal organizations and systems and construction of culture on rule of ethnic law, the rule of ethnic law should be constructed by the cooperation between the government and the public.