The Perspective Of The Rule Of Law In Hunan New Sway Dong Autonomous County Of The Rule Of Law Construction Research

China is a multiethnic country, and the rule of law is the strong guarantee to adjust ethnic relations and settle ethnic issues. The rule of law in ethnic autonomous regions, as the fundamental part of legal construction in our socialistic society, is the specific practices of the rule by law in ethnic relationship field and the orders of adjusting relationship and resolving ethnic issues, and aims to safeguard national rights and promote national prosperity, which is based on the scientific and comprehensive national legal system and solid national law-governed culture,It is a new subject to research on the construction of rule of law in ethnic autonomous regions dynamically and systematically, and it will be a brand new topic to study the construction of rale of law under the background of rule of law in Hunan. The representative features and prospectives of the construction of rule of law in Hunan contribute to establish a model of local nomocracy construction. Xinhuang Dong autonomous county has the first nationwide county level national autonomy regulations, which present the progressiveness and specificity in the law-governed construction. The paper focus on five aspects, which are legislation, law enforcement, judicial, legal supervision, public participation to provide the basis of theory and practice for constructing the rule of law in Xinhuang Dong autonomous county under the background of rule of law in Hunan.The first part presents the general introduction of the rule of law in Hunan, through the comparison of the basic concepts to illustrate the legal construction process. And then the current development, innovation and the practice of legal construction in Hunan are introduced. The end of this part refers to the basic situation of Xinhuang Dong autonomous county which has enacted the first Autonomous Regulation all around the country. The second part focuses on the analysis of legislation in Xinhuang Dong autonomous county by combing current situation of the normative legislative documents. The main problems are concluded that the law hierarchy of regional regulations are relatively in low level, the existing autonomous regulations are not effective to implement and meantime, there are lack of separate regulations and flexibility requirements. Through the analysis on the existing problems, the opinions are proposed to improve the legislation in autonomous regions.This part presents the conclusion of law enforcement current circumstances with the analysis of case-guiding system, administrative compulsory system and administrative penalty system. The main problems summarized are the acts of omission and random acts in administrative law enforcement as a prominent phenomenon, no strict legal procedure, and the ability of the execution of law should be improved. Through the analysis on the reseasons of the existing problems, the constructive opinions are proposed.The fourth chapter focuses on the judicial analysis, from the application of the dispute resolution mechanism, the village regulations, the folk customs and the promotion of judicial activism to introduce the current judicial situation in Xinhuang, and points out the main problems and finally, the constructive opinions are raised to perfect the judicial system.The main content in this chapter is about the analysis of legal supervision in Xinhuang dong autonomous county, which includes administrative evaluation system, the government information disclosure system by combining the questionnaire results of Shaoxi village and local typical cases. The main problems are concluded that the internal supervision become a mere formality, the external supervision is ignored and the external supervision channels are in bad smooth. In the following part of this chapter the suggestions, to strengthen legal supervision legislation, perfect the internal supervision system, are proposed.The sixth chapter is about analysis of public participation in Xinhang Dong autonomous county and the introduction of democratic deliberation circumstances in Dabing village Bilang town, from the perspectives of public hearing system, consultation system, judicial participate system, the democratic political system, and the ethnic characteristics of the law popularization. Through the analysis on the reseasons of the existing problems, the constructive opinions are proposed.The seventh chapter concludes the suggestions to perfect of law-governed construction in Xinhuang Dong autonomous county, which are the restriction and promotion, the principles and ways, the steps and means, and the conception of the whole system. With the basis of combing and summary in the second chapter to the sixth chapter, the conception of the whole system which refers to the Enforcement Regulations of Xinhuang law-governed construction and implementation outline of rule of law in Hunan, is put forward in this part. Enhance the he rule of law construction and implementation, not only strengthen the content of the system of regional ethnic autonomy, but also can effectively guarantee the implementation of ethnic regional autonomy system.