The Theory And Practice Of China’s Self-Government Of National Autonomous Areas

Nowadays, multi-ethnic pattern has become a social feature in most countries. Minorities and their rights have won more and more recognition and support all over the world. China’s system of regional ethnic autonomy is an important political system to protect minority’s rights in the unitary state, which has dual characteristics---ethnic autonomous and local autonomy. Legislative power of China’s system of regional ethnic autonomy is the peculiar autonomous and ethnic power for China ethnic regional autonomous regions, which is the special group power for national minority.Legislative power of China’s system of regional ethnic autonomy has dual properties: on one hand, it is extensive autonomous legislative power of ethnic regional autonomous right; on the other hand, it is the local legislative power that ethnic autonomous regions enjoy. In China, ethnic regional autonomy legislation has made brilliant achievement. China’s ethnic autonomous regions have promulgated autonomous regulations and local laws which granted by the constitution and laws. That embodies regional characteristics and national characteristics in Chinese ethnic autonomous regions fully. However, there are many problems such as lacks of autonomous regulation, insufficient separate regulations, lack of technical content in local regulations and so on, which make it difficult to enact laws in ethnic autonomous regions, which results from the administrative orientation of central and ethnic autonomous regional legislation rights and the lack of legislation value in diversified interests society.In the jurisprudent and philosophical point of view, combined with related theories of national law and constitutional law, this paper focuses on legislative power of ethnic regional autonomy, takes an example of Local legislation of Xinjiang autonomous region and summarizes specific issues of exercising legislative power in China’s ethnic regional autonomy. Based on the research of the theoretical origin of legislative power of ethnic autonomous region, the paper analyses the present problems and challenges of legislation and exercising laws in the development of ethnic autonomous regions. This paper puts forward an idea that to identify and implement legislative power of ethnic autonomous regions, division of legislative power purview between central and ethnic autonomous regions should be dealt with well at first; in addition, in establishing legal norms of the subject and object, two value principles---independence and autonomy should play an important role. In the end, this paper emphasizes under the premise of regional stability, various interest relations and interest orientation need to be integrated in ethnic society, reflecting legislation value of equality, rule of law and human rights and the right of ethnic autonomy and legislation should be guaranteed. That’s a long-acting mechanism of stability and development of national regions.