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Place Of Autonomy Of Our Country Nation Accommodation Power Inlegislation Practice Research

Posted on:2013-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y TianFull Text:PDF
GTID:2246330374498331Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China is a unified multi-ethnic country. In the field of law, minority because of the special political, economic, cultural environment, make the unified national law in the minority of the need to run in order to apply, resulted in the legislative field need flexible legislation. Can say, legislation accommodation problem is the legal construction of minority area the key problems. Legislation accommodation phenomenon in domestic and foreign, are widespread, in the domestic field of civil law, there are ethnic regions of marriage age flexible provisions and inheriting property, flexible etc. In the field of criminal justice, a crime of bigamy, murder, crime of intentional injury and so on charges of accommodating provisions. In the world, in the continental law system and Anglo-American law system in dealing with similar issues have alternative provisions. Anglo-American law system and continental law legal problem about flexible approach to deal with similar problems, we have draw lessons from a meaning. Existence is reasonable? There is not a reasonable? These special legal phenomenon are worthy of our consideration. Different from the theoretical perspective of minority area legislation accommodation problem is to study the legislation changes and the proper meaning of school. These theories include:philosophy, philosophy of law, legal sociology, cultural anthropology, law functionalism and so on. From the many angle analysis in an attempt to explain the profound problems. At the same time to clarify the legislation accommodation to where that legislation accommodation boundaries and legal adjustment and stability of law and so on several basic problems of legislation accommodation problem can not be avoided. Combs the domestic and foreign about legislation accommodation theory context is the study of the legislation improvement problem of necessary theory terms. To solve the problem of legislation accommodation at random, will present the" messy" of the legislation improvement of standardization of the purpose of this paper is, try to minority area legislation accommodation problem research on the construction of socialist country under the rule of law has a profound historical significance.Therefore, based on the background, purpose, significance and research status at home and abroad are presented, discussed the legislation of regional national autonomy power of flexible concept, nature, principles, so as to the place of autonomy of our country nation accommodation power in legislation status, practice to undertake concrete analysis, discuss our country legislation in ethnic autonomous regions change the right to the existence of the problem, put forward finally to perfect our legislation of regional national autonomy power of flexible measures.
Keywords/Search Tags:national autonomy, local legislation, the adaptation right
PDF Full Text Request
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