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“多民族背景”是民族自治地方在法治建设中不能忽视的重要因素。通过行使法律变通权,将民族关系问题纳入法治轨道,为各民族之间的交往提供一个正当有效的制度平台和维护机制,推动各民族之间平等、团结、互助、和谐局面的形成和发展,进而为具有不同民族身份的公民平等实现其法律权利营造良好的政治、经济、文化和社会环境,是宪法、民族区域自治法和立法法赋予民族自治地方法律变通权的根本目的。完善民族自治地方自治机关的协商决策机制,建构协商司法模式,妥善处理不同民族习惯法之关系、国家法与习惯法之关系,有效开展民族自治地方法律变通工作,是改善民族自治地方法治现状的必然选择。
The “multi-ethnic background” is an important factor that can not be ignored in the construction of the rule of law by ethnic autonomous areas. By exercising the power of legal reform, the issue of ethnic relations will be brought into line with the rule of law and a legitimate and effective system platform and mechanism will be established for the exchanges among all ethnic groups so as to promote the formation and development of the conditions of equality, solidarity, mutual assistance and harmony among all ethnic groups. Therefore, it is the fundamental purpose of the Constitution, the law of regional autonomy and the law of law to give the law-abiding powers of the ethnic autonomous areas legal rights for the citizens of different ethnic identities to realize their legal rights equally and create a good political, economic, cultural and social environment. Improve the consultative decision-making mechanism of organs of self-government in ethnic autonomous areas, construct consultation judicial models, properly handle the relations among different ethnic customary laws, the relationship between state law and common law, and effectively carry out the work of legal adaptation in ethnic autonomous areas, so as to improve the status quo of the rule of law in ethnic autonomous areas inevitable choice.