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民族区域自治是我国解决民族地区发展问题的重要制度。实现民族区域自治的关键是宪法赋予的民族自治地方立法机关的自治权,实现自治权的法治载体是民族自治立法。民族自治立法以变通性为核心,但在现实中存在民族自治特点不明显,原则性规定较多且可操作性不强,保护本民族地方性利益不够等问题。因此,在新《立法法》扩展地方立法权背景下,民族自治立法应当进一步突出变通性理念,探索民族自治立法程序,逐步由事前批准向事后备案监督转变,最终实现立法民主性和科学性的统筹决策,为完善民族区域自治制度及民族地方自治权提供法治保障。
Regional ethnic autonomy is an important system in our country to solve the problem of the development of minority areas. The key to realizing the regional autonomy of ethnic minorities is the autonomy of the legislature in the ethnic autonomous areas conferred by the Constitution, and the rule of law carrier for the realization of autonomy is the national autonomous legislation. At the core of adaptability is the legislation of national autonomy. However, in reality, there are some problems such as the characteristics of national autonomy are not obvious, the principle is more, the operability is not strong, and the local interests of the nation are not protected enough. Therefore, under the background of expanding the local legislative power of the new “Legislation Law”, the legislation of national autonomy should further emphasize the concept of flexibility, explore the legislative process of national autonomy, and gradually change from ex ante approval to the filing and supervision afterwards, and ultimately achieve the legislative democracy and scientific Make overall policy decisions and provide the rule of law protection for the improvement of the system of regional ethnic autonomy and the autonomy of ethnic minorities.