The System Of Paired-up Assistance In Ethnic Autonomous Areas

The paired-up assistance system is a grand strategy to promote regional coordinated development,coordinated development and common development.The practice of paired-up assistance in ethnic autonomous areas in my country fully reflects its great significance in coordinated regional development,common prosperity,promotion of socialist ethnic relations of equality,unity,mutual assistance and harmony,and forging a sense of community of the Chinese nation.For a long time,academic circles have not done enough research on the nature of the paired-up assistance system.The system of regional ethnic autonomy is under the unified leadership of the central government.In order to maintain national unity and unity,ensure that people of all ethnic groups are jointly masters of the country,coordinate regional development,promote common prosperity of all ethnic groups,and realize ethnic equality,unity,mutual assistance and harmony,the state grants ethnic regions and The system of special support for ethnic minorities(preferential care)is in line with my country’s political system and the provisions of the Constitution and the Law on ethnic autonomous areas At the normative level,judging from the existing research results,scholars believe that the legal norms for paired-up assistance in ethnic autonomous areas are too general,abstract,and poorly implementable.In order to be a type of "code of conduct" that mainly serves judicial adjudication,the characterization of "code of conduct" does not conform to the structure and characteristics of legal norms for paired-up assistance.In order to clarify the nature of the legal norms of paired-up assistance in ethnic autonomous areas,and to respond,interpret and resolve the practice of the paired-up assistance system in ethnic autonomous areas through correct theories,it is necessary to redefine the types of legal norms for paired-up assistance in ethnic autonomous areas.The paired-up assistance system in ethnic autonomous areas requires the overall implementation of the constitution,because paired-up assistance in ethnic autonomous areas involves multi-level constitutional and intergovernmental relations between the central government and developed provinces and cities,the central government and ethnic autonomous areas,and developed provinces and cities and ethnic autonomous areas.The2018 Constitutional Amendment added "implementing the new development concept" to the Constitution,including the content of "regional coordinated development",which is a constitutional provision for paired-up assistance for ethnic autonomous areas.The premise for the implementation of the "coordinated regional development" provisions of the constitution is that the constitutional provisions of "coordinated regional development" have normative effect,and the normative effect of the provisions of the constitution depends on the type and attribute of the norm.The provisions on paired-up assistance in ethnic autonomous areas at the constitutional level belong to the "national objective clause",and the "national objective clause" is legally binding.The "national objective clause" does not make specific provisions on how the subject practices,but leaves a large room for the state agency to discretion.The norm of the paired-up assistance system in ethnic autonomous areas does not belong to the "code of conduct" that is mainly used in judicial practice in traditional legal theory,but requires the active action of state organs as the subject of obligations,and concretizes legislative intentions through legislative discretion and administrative discretion.Target norm”,because the “target norm” adjusts future events,it is determined that the provisions of the“target norm”inevitably contain a large number of uncertain legal concepts and vague terms.The “target norm”attribute of the paired-up assistance norms in ethnic autonomous areas determines its implementation path.The implementation of the paired-up assistance system in paired-up assistance relies on lower-level legal documents and normative documents to concretize it,that is,through the highest-level norms(constitution).→The first level of authorization specification → The second level of authorization specification →The third level of authorization specification...Finally,a "code of conduct" is produced to be implemented,and this process of refinement through lower-level legislative documents,In fact,it is to concretize the legislative intent of the oral support system.In the implementation of the paired-up assistance system,the central government is mainly responsible for“making and adjusting national and regional development strategies,formulating plans to promote counterpart support,coordinating major cross-regional infrastructure construction,and coordinating the distribution of interests between developed provincial and municipal governments and ethnic autonomous areas.”task,and the task of paired-up assistance in ethnic autonomous areas is assigned to the governments of developed provinces and cities.The governments of developed provinces and cities decompose the objectives and tasks of paired-up assistance and instruct the subordinate governments and functional departments of the governments of developed provinces and cities to scientifically decompose the objectives and tasks of paired-up assistance,and finally carry out economic,educational,scientific and technological undertakings in ethnic autonomous areas support.ethnic autonomous areas like other general administrative areas,are the first-level administrative areas of the state.In the paired-up assistance system,they are responsible for the re-decomposition and refinement of the tasks and objectives of the state paired-up assistance,mainly for the people’s governments of counties and cities in their respective jurisdictions,The Administrative Committee and the various committees,offices,and bureaus of the autonomous prefecture put forward administrative instructions,and put forward more specific regulations on the specific implementation of the document requirements for counterpart support.The paired-up assistance system for ethnic autonomous areas is a cross-regional(provincial)affair,and the main body of implementation is mainly developed provinces,municipal governments,and ethnic autonomous local governments.However,under China ’ s political system,since inter-provincial affairs are managed by the central government,they are part of the enforcement of laws.Therefore,the horizontal intergovernmental relationship between developed provincial and municipal governments and ethnic autonomous local governments is ultimately determined by the vertical intergovernmental relationship between the central and developed provincial and municipal governments,and the central and ethnic autonomous local governments.This top-down practical logic of decomposing and implementing goals and tasks layer by layer mainly relies on the power distribution relationship between the upper and lower governments under the bureaucratic system,which is in line with the implementation path of the paired-up assistance norms in ethnic autonomous areas.This also verifies that the target normative attributes and implementation paths of the legal norms of paired-up assistance in ethnic autonomous areas can be used as the basis for guiding the practice of paired-up assistance in ethnic autonomous areas.The focus of the implementation of the paired-up assistance system in ethnic autonomous areas is to scientifically decompose the goals and tasks of the central paired-up assistance,and to promote the active implementation of the supporter through effective supervision and reasonable performance evaluation.Therefore,it is necessary to build an effective guarantee mechanism.Specifically,the paired-up assistance system in ethnic autonomous areas is a paired-up assistance project between developed provinces and municipalities and ethnic autonomous areas.It involves assistance and cooperation between localities,and involves intricate inter-governmental relations,which must be left to the localities.The government,mainly the low-rank legislature and the executive and law enforcement departments,have a lot of discretionary power,and this huge discretionary power is easy to cause abuse of power.Therefore,the good operation of the paired-up assistance system in ethnic autonomous areas requires an organizational guarantee mechanism and a control and supervision mechanism.Among them,the organizational guarantee mechanism includes adhering to the unified leadership of the central government,improving the management system,and giving full play to the initiative and enthusiasm of local governments.Control and supervision mechanisms include: legislative supervision mechanism,administrative supervision mechanism,judicial supervision mechanism,and supervisory supervision mechanism.The correct implementation of the paired-up assistance system in ethnic autonomous areas is conducive to respecting and ensuring the common participation of ethnic minorities in the management of public affairs,promoting the coordinated development of the country and regions,and achieving common prosperity,promoting equality,solidarity,mutual assistance and harmonious socialist ethnic relations and forging a solid foundation for China.A sense of national community provides an important guarantee.