Research On The Legislative Consultation System In Ethnic Autonomous Areas From The Perspective Of Consensus

In 2021,the Central Ethnic Affairs Conference pointed out that "we must adhere to the rule of law to govern ethnic affairs and promote the modernization of the governance system and capacity of ethnic affairs." The 20 th CPC National Congress pointed out that "building a socialist modern country in an all-round way on the track of the rule of law",and managing ethnic affairs according to the rule of law on the track of the rule of law,is to promote the modernization of the governance capacity and governance capacity of the governance system of ethnic affairs,It is an inevitable requirement for building a modern country in an all-round way."To adhere to the rule of law,we must first adhere to the rule of the Constitution." To govern ethnic affairs according to law,we must first carry out in accordance with the socialist democratic political system stipulated in the Constitution.Democracy is a form of state and a form of state.The modern ethnic affairs governance system must take democracy as its basic character.As a form of state and a form of state,democracy has shaped the operating system of state power,thus forming the institutional framework for governing ethnic affairs according to law.The 20 th National Congress of the Communist Party of China pointed out that "consultative democracy is an important form of people’s democracy in the whole process of practice." "We should improve the system of consultative democracy,comprehensively promote the consultation of political parties,people’s congresses,governments,CPPCC,people’s groups,grass-roots organizations and social organizations,improve various institutionalized consultation platforms,and promote the development of consultative democracy at a wide range of levels",It is the key to implement the requirements of consultative democracy in the process of governing ethnic affairs according to law and promote the governance system of ethnic affairs with the whole process of people’s democracy as the basic character;In order to bring consultative democracy into the track of rule of law,the first thing is to legalize the system of consultative democracy through scientific legislation,democratic legislation and law-based legislation.From this point of view,realizing the institutionalization and legalization of legislative consultation is the premise and foundation for promoting the governance of ethnic affairs according to law and realizing the modernization of the governance system and capacity of ethnic affairs.As a key part of governing ethnic affairs according to law,the lawmaking in ethnic autonomous areas can be carried out in an orderly manner,which is related to the effectiveness of the modernization of governing ethnic affairs.From the legal point of view,the legislative consultation in ethnic autonomous areas needs to be carried out under the ethnic legislative system.From the perspective of the content and evolution of the ethnic legislative system,the legislative consultation system of ethnic autonomous areas has gone through three stages: the establishment of the constitutional framework,the refinement of the legislative process,and the determination of the consultation indicators.The consultation object,the consultation content and the consultation process have gradually deepened,forming the institutional framework of the constitutional system(macro),the evaluation system(mid-scale view),and the legislative process(micro).It can be seen from this that implementing the macro,medium and micro procedural requirements of the legislative consultation system in ethnic autonomous areas is not only an important way to promote the modernization of ethnic affairs governance,but also an important fulcrum to promote scientific,democratic and law-based legislation.General Secretary Xi Jinping pointed out: "The people exercise their rights through elections and voting,and all aspects of the people conduct full consultation before major decisions,and reach agreement on common issues as much as possible.These are two important forms of Chinese socialist democracy,which together constitute the institutional characteristics and advantages of Chinese socialist democracy." This requires us to,under the requirements of scientific,democratic and law-based legislation,In combination with the relevant requirements of the constitutional basis,evaluation criteria and legislative procedures of the legislative consultation system in the ethnic autonomous areas,we should try our best to reach consensus on the issue of commonality in the governance of ethnic affairs.In the ethnic autonomous areas,all ethnic groups live together.The diversity of values caused by cultural diversity is particularly obvious,and consultation will inevitably involve the overall coordination of citizens’ ideas and behaviors.How to reconcile the profound differences between the rights of the people of all ethnic groups who enjoy the same rights due to various incompatible but reasonable religions,philosophies and morals,and whether the citizens can reach an agreement to reconcile the differences,is a major issue to be solved in order to realize the governance of ethnic affairs according to law and promote the modernization of the governance system and capacity of ethnic affairs.The entire article follows the overall logic of "conceptual analysis-practical requirements-value foundation-constitutional structure-evaluation system-procedural regulation".The specific writing framework is as follows:The first and second chapters define the concept and extension of legislative consultation in Minzu autonomous areas,thus gaining a clear understanding of the legislative consultation system in minzu autonomous areas.Under a clear conceptual understanding,through a summary of practice,further clarify the current state and problems faced by the legislative consultation system in minzu autonomous areas.Chapter 3 defines the behavioral basis for reaching consensus during the legislative consultation process in minzu autonomous areas.This chapter first sorts out the behavioral motivations for reaching consensus in the academic community regarding legislative consultations in minzu autonomous areas,and on this basis,integrates the existing behavioral motivations through two aspects of value judgment and interest measurement during the negotiation.Finally,it summarizes the basic conditions for achieving consensus in the specific legislative negotiation process.Chapter 4 defines the constitutional basis for achieving consensus during the legislative consultation process in minzu autonomous areas.This chapter summarizes the theoretical paradigm of Western democratic theory in resolving the tension between reaching consensus in legislative consultation and the majority rule in legislative decision-making,summarizes the constitutional concept and existing problems it represents,and replaces Western democratic theory with people’s constitutionalism.Through the relevant provisions of China’s Constitution,which represents people’s constitutionalism,this chapter explores the constitutional basis for achieving consensus in the legislative consultation process of minzu autonomous areasChapter 5 defines the criteria for obtaining consensus during the legislative consultation process in minzu autonomous areas.In order to better implement the constitutional provisions of obtaining consensus during the legislative consultation process in minzu autonomous areas,under the requirements of high-quality legislation,combined with the provisions of the Legislative Law,summarize and summarize the requirements for high-quality legislative consultation in minzu autonomous areas,that is,clarify what is good consultation or high-quality consultation,and what are its conditions and standards.Chapter 6 defines the argumentation framework for the importance of bills in the legislative negotiation process of minzu autonomous areas.As an important aspect of achieving the enforceability of high-quality legislative consultations in minzu autonomous areas,it is necessary to clarify the content of legal importance in conjunction with the relevant requirements of high-quality consultations.Chapter 7 defines the procedural control of legislative information during the legislative consultation process in minzu autonomous areas.The acquisition of information in the negotiation process,as a part of the formal rationality of high-quality legislative consultations in minzu autonomous areas,is the core content of how to absorb more information on the needs of various ethnic groups in the specific negotiation process.In practice,it can be seen that due to the limitations of legislative time and cost,not all needs can be included in the scope of legislative negotiation in minzu autonomous areas.This article explores what institutional design should be adopted to absorb more information in the specific legislative negotiation process.