Division And Coordination Between Autonomous Legislative Power And Local Legislative Power In Autonomous Prefectures

2015 years in the legislation law of the People’s Republic of China(here referred to as the "legislative law")modified,30 autonomous prefectures are given local legislative powers like prefecture-level cities,autonomous prefecture,on the basis of the original autonomous legislative power,and obtain the local legislative power,the formation of dual legislative power structure,on the one hand,through autonomous legislative power management state of ethnic minority,promoting the prosperity of ethnic economic,political and cultural;on the other hand,exercise the local legislative power to meet the specific actual needs and promote regional construction and development.Based on the summary of existing research theories,legislative basis and examples,it is found that the boundary of this dual legislative power is not clear: theoretically,the boundary and applicable standards of autonomous legislative power and local legislative power are not clear enough,and there are contradictions and omissions;in practice,due to the weakness of legislative theory,the two legislative power choices are not precise enough,and there are still doubts about whether the content is suitable or not.The specific manifestations are as follows: the power of the legislative subject is too vague,the procedure is not perfect enough,there is no detailed standard for the application of law,the application of ethnic elements is confused,the legislative field and legislative matters are ambiguous and so on.In this regard,the author tries to find out the boundary points and coordination paths.For the legislative subject,the power can be discretionary according to the pareto efficiency,and then one of the dual legislative powers can be selected,so as to deal with the problem that the power selection of specific legislative matters in autonomous prefectures still lacks clear applicable standards.Legislative content,autonomous local legislative power involved in the "urban and rural construction and management,environmental protection,historical and cultural protection" is a lack of clear legal interpretation,in urgent need of the "legislation law" explanation,and autonomous legislative power of ethnic elements involved should be "legislative law" and the "law on regional ethnic autonomy" accurate positioning,and minority ethnic elements slightly weak but still need the autonomous power of legislative areas make a detailed instructions,"overlap" part of ethnic culture and the historical culture need to further make the legislation;as for the legislative examination and approval process,we can give consideration to the examination and approval before and after,and optimize and improve the rule of law construction of autonomous prefectures through legislation.