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Government Of National Autonomous Areas Under The Vision Of The Rule Of Law Study

Posted on:2010-05-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:X P HuFull Text:PDF
GTID:1116360275996940Subject:National Law
Abstract/Summary:PDF Full Text Request
To the management of a state,the government by law is not only one kind of strategic capital,but also one kind of development momentum;it is as well as material and spiritual wealth.The construction of government by law is to administrate according,and that means to bring the governmental behavior into the restriction of legal rules safeguarded by the national compelling force and the social credit, which also means to have the responsibility of its power of administration and duty of abiding by the law,to make the run of political power manifest the meaning of the civil right with the aid of legal procedure, and to limit the law boundary for the administrative authority. Autonomous unique local economic,social and cultural environment is the root causes of particularity of autonomous local governments. Fundamentally speaking,national implementation of regional ethnic autonomy system lies in the special circumstances in the autonomous areas.In the perspective of the rule of law,this article discusses the basic theory of regional ethnic autonomy system,the construction of the local ethnic self-government autonomous government,its legislation, the enforcement and supervision.In the society ruled by law,the autonomy is a value orientation of human rights.Starting with self-government and autonomy this article makes an analysis about the principle of regional national autonomy and identity,makes a comparison between local self-government with regional ethnic autonomy self-government,combs the development history of the autonomy system,and comprehensively analyses the creation,development,adjustment and improvement of the ethnic regional autonomy system.Autonomous local governments in China are important parts of local governments.In accordance with certain principles,our country establishes ethnic regional autonomy governments in ethnic minority areas to let them enjoy certain rights.It includes local autonomous regions,autonomous prefectures and autonomous county governments. The second part conducted a comprehensive analysis on the legal status of autonomous local governments,characteristics,nature, construction,functions,powers and responsibilities and so on.In the national legislative work,the administrative legislation is crucial.The quality of administrative legislation will not only affect the national law executory force,but also will affect the effective implementation of administrating by law.In the multi-national area,the administrative legislation has the same general problem as other places exist,and it also has its own special question.The third part discusses our country's executive and legislative system and the local executive and the legislature,national regional administration of the specificity of the executive and the legislature,executive and legislative procedures in minority areas.With the Xinjiang region of our country as an example, the author analysizes the legislature issue in China's ethnic areas,the existing problems and puts forward measures to solve these problems.The government by law is the ideal prospect the modern national development pursues,and also is one manifest of modernized country characteristic.Government by law in the affairs of state is an essential plan which the modern country government must follow now.It is the key to enforce the government function of administration according to law for the construction of administration law enforcement system.China is occupying the crucial phase of economical and the social structure reforming.Under the condition of market economy,it is crucial social development request for the function of Local authority of regional autonomy for nationalities to be transformed.This fourth part of the article analyzes the connotation of the law enforcement administration, the meaning of autonomous local government administrative law and administrative law enforcement system,and brings forth specific ideas to solve the problem in autonomous local government administration.So long as the government is government by law,its authority is limited;it must accept various restraint,and the most basic is to accepts legal the restraint.The government only moving in legal rule's scope can it be limited government.Partâ…¤discusses the concept,the function and the necessity of administrative supervision,and the oversight of effectiveness of China's ethnic autonomous local government,and with Xinjiang as the example,the author brings forth the program to solve the exiting problems.Han Feizi has a famous saying:"A country is not always strong or weak.It is strong or weak according to administers of law."In China's ethnic autonomous local government,establishment of most superior political relation between government and social,the government and the citizens,the government and the legal is to let the administration by government gradually yield to by the market and rule by people to by law.
Keywords/Search Tags:nation, the rule of law, government, construction
PDF Full Text Request
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