论文部分内容阅读
The legislative public participation in ethnic minority autonomous areas has its legal basis. The fifth regulation in the lifa fa ( The Leg-islative Law ) of China makes a general require-ment on public participation in legislation. In order to ensure the effective participation of the public in legislation, some ethnic minority autonomous re-gions have outlined some requirements on public comment, demonstration, and hearing during the legislative process through autonomous regulations. These ethnic minority autonomous areas are com-prised of both autonomous regions, autonomous prefectures and autonomous counties. However, the breadth and depth of the public participation in legislation in ethnic minority auton-omous areas is inadequate, and a perfect mecha-nism of public participation in legislation in ethnic minority autonomous areas has yet to be formed. This is mainly reflected in the following aspects:1 ) The relevant laws of public participation in leg-islation have not been perfected;2 ) The enthusi-asm of public participation in legislation is not high;3) Legislative information is not fully open, and the feedback mechanism has not been perfec-ted;4 ) The limited approach for public participa-tion in legislation, and the lack of ethnic and re-gional characteristics. To improve the mechanism of public partici-pation in the legislation of ethnic minority autono-mous areas, we can start with the following:1 ) Improving the legal regulation of public participation in the legislation of ethnic minority
autonomous areas The state and the ethnic minority autonomous areas should develop operational laws of public participation, so as to provide a legal basis for the public’s participation. The ethnic minority autono-mous areas should fully integrate the actual situa-tion of the local ethnic people and create autono-mous regulations with local characteristics, protect public participation rights, and promote public participation in legislation in an orderly and effec-tive manner. 2 ) Improving the level of enthusiasm forpublic participation in ethnic minority autonomous areas From a subjective standpoint, correct ideas on public participation in legislation in ethnic minority autonomous areas should be cultivated. Firstly, the awareness of the public participation in legislation in ethnic minority autonomous areas should be pro-moted . Secondly the autonomous organ’s concept of legislation should be changed. From an objective point of view, on the one hand, we should vigor-ously promote the development of the economy in ethnic minority autonomous areas. On the other hand, we should make great efforts to promote the development of civil society. 3 ) Improving dissemination of information and feedback mechanisms for public participation in legislation of ethnic minority autonomous areas The dissemination of information publicity and feedback mechanism of the public participation in-ethnic minority autonomous areas should be estab-lished on the basis of two-way communication and
consultation between the autonomous organs and the population of all ethnic groups in ethnic minori-ty autonomous areas. Autonomous bodies fully dis-close all kinds of legislative information to the pub-lic, from whom the autonomous bodies obtain legis-lative views, through to the legislative information feedback to complete the legislative interaction be-tween the two sides. 4 ) Developing and expanding effective meth-ods of public participation in the legislation of eth-nic minority autonomous areas The effective methods of public participation in the legislation of ethnic minority autonomous ar-eas can be considered from two standpoints:The first is the endogenous mode of public participation in legislation. This means, according to its own objective conditions and actual needs, relying on the inner force of the autonomous bodies and the populations of all ethnic groups, the ethnic minori-ty autonomous areas can explore and innovate suit-able methods for the local legislation of public par-ticipation. The second is the exogenous mode of public participation in legislation. This means, in order to expand the public participation in the leg-
islation, ethnic minority autonomous areas learn, understand, and borrow some foreign public partic-ipation methods and techniques, making it a suit-able method for local public participation in legis-lation.
autonomous areas The state and the ethnic minority autonomous areas should develop operational laws of public participation, so as to provide a legal basis for the public’s participation. The ethnic minority autono-mous areas should fully integrate the actual situa-tion of the local ethnic people and create autono-mous regulations with local characteristics, protect public participation rights, and promote public participation in legislation in an orderly and effec-tive manner. 2 ) Improving the level of enthusiasm forpublic participation in ethnic minority autonomous areas From a subjective standpoint, correct ideas on public participation in legislation in ethnic minority autonomous areas should be cultivated. Firstly, the awareness of the public participation in legislation in ethnic minority autonomous areas should be pro-moted . Secondly the autonomous organ’s concept of legislation should be changed. From an objective point of view, on the one hand, we should vigor-ously promote the development of the economy in ethnic minority autonomous areas. On the other hand, we should make great efforts to promote the development of civil society. 3 ) Improving dissemination of information and feedback mechanisms for public participation in legislation of ethnic minority autonomous areas The dissemination of information publicity and feedback mechanism of the public participation in-ethnic minority autonomous areas should be estab-lished on the basis of two-way communication and
consultation between the autonomous organs and the population of all ethnic groups in ethnic minori-ty autonomous areas. Autonomous bodies fully dis-close all kinds of legislative information to the pub-lic, from whom the autonomous bodies obtain legis-lative views, through to the legislative information feedback to complete the legislative interaction be-tween the two sides. 4 ) Developing and expanding effective meth-ods of public participation in the legislation of eth-nic minority autonomous areas The effective methods of public participation in the legislation of ethnic minority autonomous ar-eas can be considered from two standpoints:The first is the endogenous mode of public participation in legislation. This means, according to its own objective conditions and actual needs, relying on the inner force of the autonomous bodies and the populations of all ethnic groups, the ethnic minori-ty autonomous areas can explore and innovate suit-able methods for the local legislation of public par-ticipation. The second is the exogenous mode of public participation in legislation. This means, in order to expand the public participation in the leg-
islation, ethnic minority autonomous areas learn, understand, and borrow some foreign public partic-ipation methods and techniques, making it a suit-able method for local public participation in legis-lation.