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Legal Inquiry Into The Responsibilities At Higher State Bodies In National Regional Autonomy In The Rule Of Law

Posted on:2012-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:G J ZhangFull Text:PDF
GTID:2216330344953468Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In dealing with national relationships,different methods are adopted in different countries in the world, some use the national self-determination, some use equal treatment, etc., each has its own advantages and disadvantages. The ethnic circumstances in our country are rather complex: the number of.ethnic minorities is large, and the economic development is relatively backward, the living environment is poor, in this case, China's Regional Autonomy of Minority Nationalities System is proposed to solve the ethnic issues. This is compatible with the actual.situation of China, and the facts prove that the implementation of the system has played an important role for the promotion of relations between various ethnic groups, enabling the common development of different nationalities on the basis of equality, and to a large extent, has promoted the development of minority areas and improvement of their living standard.State organs also play a very important role in this system in connecting the country with the National autonomous regions. Therefore, in the Regional Ethnic Autonomy, a special chapter is set to formulate it, specifying its responsibilities defined and embodied in the system. In practice, the system has indeed played a very important defending and supporting role for the rapid development of national local economy, politics and culture. However, in practice, the changing of objective circumstances resulted in the emerging of problems in the course of setting and performing of the duties of higher state organs, hindering the development of regional ethnic autonomy system, and also to some extent undermining the image of our government as well as the relationship between different national groups. In this case, measures should be taken to combat the phenomenon.Based on the several points above this topic has been chosen,the artic le is divided into five chapters. The first chapter is the introduction ill ustrating the background, content, purpose and significance of current rese arch and. researching methods, which plays the role of bringing out the esse ntials for commencing the whole article. The second chapter is the general introduction of the responsibilities of the state organs at higher levels in the regional ethnic autonomy, which respectively determines the respons ibilities of state organs at higher levels, the principles to abide by in setting the duties of the state organs at higher levels and the value in the provisions of the duties of state organs at higher levels, explaining the connotation and extension of the responsibilities of state organs, mea nwhile it also introduces the political, legal and social values of setti ng the responsibilities of state organs at higher level, being the theoreti cal basis for the commencement of the whole article. The third part is Chin a's current legislation and practice on the respect of the duties of the st ate organs at higher levels, following finishing the introduction of stat us quo is the summary of its main problems and shortcomings found, mainly including the following four respects:"The lack of interoperability in the relevant provisions in the Regional Ethnic Autonomy, the incompleteness of supporting laws and regulations of related legislation, the higher state organs' negligence in the performance of its duties and responsibilities an d the lack of the mechanism of supervising the negligence of performing dut y and non-performance of state organs at higher levels and that of accoun tability.The fourth part of the article is to undertake the above, based on the analysis of the appearing of problems in the responsibilities of state orga ns at higher levels, it explores the root of causing these problems, which mainly analyzes the unsuccessfulness of ethnic autonomy concept's implement ation, our legislative technical defects, the loss of the concept of adm inistration in accordance with the law, the insufficiency of enthusiasm f or the social forces to participate in monitoring, providing realistic basi s for the following's explaining of essence of the title briefly. The fifth part is the key part of the whole article, adding the finishing touch, put ting for-ward the proposals and measures of improving the functions of st .ate organs at higher levels, mainly including perfecting the relevant le gislation of setting responsibilities on the state organs at higher levels firstly. This goal can be reached by the two approaches of both modifyin g the sixth chapter of the "Regional Ethnic Autonomy", and the establishin g complete and perfect the system of laws and regulations on the functio ns of state organs at higher levels of laws and regulations. Secondly, is to set up the relevant working mechanism of higher state organs'to impleme nt the relevant duties. This will be realized by the three aspects of the establishment of special offices, the division of responsibilities to the p eople and the setting up of monitoring mechanisms for assessment and accou ntability. Following is to establish a sound mechanism for external superv ision and accountability. Besides this,what need to do is to strengthen t he training and the management of the leaders of state organs at higher lev els, which is divided into establishing a correct concept of administration by law and taking resolute attitudes in investigating and affixing the responsibilities of the relevant departments and personnel. Last is to lead government organs to reasonably grasp the guide and supervision of th e news media at a proper degree, giving a full play to the great role of t he media. The article on the whole has done the analysis to the responsibi lities of state organs at higher levels in National Regional Autonomy Syste m in detail systematically, concluding with a detailed proposal in order t o strive to cont-inuously improve the regional ethnic autonomy system in C hina in the future.
Keywords/Search Tags:regional national autonomy, higher state organs, duties, rule of law
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