A Study On The Right To Approve The Autonomous Legislation Of Minority Regions

Since 1952,when the right to approve the legislation of autonomy in ethnic minority areas was determined by the Central people’s Government in the form of decrees,the restriction on it,the right to approve the legislation of national autonomous areas,also came into being.After more than 60 years of improvement,China has formed the equal legislative power of national autonomous areas at the three levels of autonomous regions,autonomous prefectures and autonomous counties,in which the autonomous laws and regulations formulated by the autonomous regional people’s congresses need to be submitted to the standing Committee of the National people’s Congress for approval.the rules of the autonomy law formulated by the people’s congresses of autonomous prefectures and autonomous counties come into force after they are submitted to the standing committee of the provincial people’s congresses for approval.In order to provide the legal basis for the standing committee of the provincial people’s Congress to exercise the legislative approval power of national autonomous areas,the provinces under the jurisdiction of autonomous prefectures and autonomous counties have stipulated the application and approval procedures in the form of local laws and regulations.However,in practice,there are still many deficiencies in the current application and approval regulations,and the nature of power involved in the system is still controversial.The right to approve the legislation of autonomy in ethnic minority areas involves the dilemma in theory and practice,and the theoretical dilemma is the attribute of the approval power.the dilemmas in practice include the absence of central legislation on approval power and the lack of legislative technology of local legislation,the solidification of examination standards and the lack of examination period,processing results,interpretation and approval of autonomous laws and regulations and the lack of supervision mechanism of approval power.In order to better implement the legislative spirit of the autonomy of national autonomous areas in the Law of the People’s Republic of China on Regional National Autonomy,theoretical disputes also need to be further studied.For example,the nature of the right of approval may be the power of both legislative supervision and legislative guidance.Because of its attribute,the power of approval should belong to the standing Committee of the National people’s Congress,but because of the huge number of ethnic autonomous areas and the exponential growth of autonomous laws and regulations,there is a great workload for the standing Committee of the National people’s Congress to exercise the power of approval in a centralized and unified way.it was only then that part of the approval power was temporarily devolved to the standing Committee of the Provincial people’s Congress.The corresponding deficiencies and deficiencies of the system should also be improved,for example,the provincial people’s congresses optimize the examination standards and time limits for the examination and approval of autonomous legislation by their permanent organs according to the local actual conditions,the lack of autonomous laws and regulations interpretation and approval and approval power supervision mechanism also need to be supplemented respectively.