制定自治条例和单行条例 (自治法规 )是民族区域自治地方自治机关的一项自治权。自治法规的效力等级高于一般地方性法规而具有法律性质 ,但其适用范围仅限于本民族区域自治地方。上级国家机关要尊重和保障民族区域自治地方自治机关的自治权 ,但自治法规不能规定和约束上级国家机关。制定机关和批准机关对于自治法规都享有“半个立法权”的说法 ,实际上是把报请批准自治法规视同提请审议自治法规案 ,把自治机关享有的自治法规制定权等同为拟定权。自治州、自治县的自治法规报请省级人大常委会批准后生效的规定 ,是一项宪法原则 ,这是我国民族区域自治地方立法体制的一大特点。在自治法规的效力等级和适用范围问题上的分歧 ,源于如何正确认识民族区域自治制度 The formulation of autonomous regulations and separate regulations (autonomous regulations) is an autonomous organ of autonomous regions in ethnic minority autonomous regions. The level of effectiveness of self-government regulations is higher than the general local laws and regulations and has the legal nature, but its scope of application is limited to the autonomous areas of the ethnic nationalities. State organs at higher levels should respect and guarantee the autonomy of organs of self-government in autonomous areas in ethnic minority areas, but autonomous regulations can not stipulate and restrain higher-level state organs. The formulation organs and the approval organs have enjoyed “half the legislative power” for self-government laws and regulations. Actually, they consider the application for approval of the self-government laws and regulations as a proposal for reviewing the self-government laws and regulations, and make the autonomy organs have the right to formulate autonomous laws and regulations. It is a constitutional principle that autonomous regulations of autonomous prefectures and autonomous counties should be submitted to the provincial people’s congress for approval upon their approval. This is a major feature of the legislative system of the autonomous areas in our ethnic autonomous regions. The disagreement on the issue of validity level and scope of application of autonomous regulations stems from how to correctly understand the system of ethnic regional autonomy