The difference between regional autonomy of grass-roots democratic autonomous ethnic groups

The system of regional ethnic autonomy refers to a system in which under the unified leadership of the state, regional autonomy is practiced in areas where ethnic minorities live in compact communities, and organs of self-government are set up to exercise autonomy.

In principle, the administrative status of ethnic autonomous areas is determined according to the geographical area and population of each autonomous area. Autonomous regions are at the same level as provinces, autonomous prefectures, prefecture-level cities, autonomous counties and counties.

I. Organs of self-government in ethnic autonomous areas and their status

(1) The organs of self-government of ethnic autonomous areas

The organs of self-government of ethnic autonomous areas are the people's congresses, people's governments, people's courts and people's procuratorates of autonomous regions, autonomous prefectures and autonomous counties.

The composition and work of the organs of self-government in ethnic autonomous areas shall be stipulated by the autonomous regulations or separate regulations of ethnic autonomous areas in accordance with the Constitution and laws.

(B) the administrative status of organs of self-government in ethnic autonomous areas

The organs of self-government of ethnic autonomous areas practice the system of people's congresses.

The people's governments in ethnic autonomous areas are responsible and report on their work to the people's congresses at the corresponding levels and the state administrative organs at the next higher level, and to the standing committees of the people's congresses at the corresponding levels when the people's congresses are not in session.

The people's governments in ethnic autonomous areas are all state administrative organs under the unified leadership of the State Council, and they all obey the State Council.

The organs of self-government of ethnic autonomous areas implement the responsibility system of the chairman of the autonomous region, the governor of the autonomous prefecture and the county magistrate, and preside over the work of the people's government at the corresponding level respectively.

Two. Autonomy of organs of self-government in ethnic autonomous areas

(A) the ethnic characteristics of the organs of self-government in ethnic autonomous areas

1. The chairman of the autonomous region, the governor of the autonomous prefecture and the county head of the autonomous county shall be the citizens of the ethnic groups exercising regional autonomy; The Standing Committee of the People's Congress of an ethnic autonomous area shall be chaired by a citizen of the ethnic group exercising regional autonomy.

2. In the people's congresses of ethnic autonomous areas, in addition to the representatives of the ethnic groups exercising regional autonomy, other ethnic groups living in their respective administrative areas, especially ethnic minorities, should also have an appropriate number of representatives, and appropriate care should be given to the number and proportion of representatives of ethnic groups with small populations according to law.

3. The members of the people's governments in ethnic autonomous areas and the working institutions affiliated to the government should be equipped with minority cadres as far as possible, and priority should be given to minority cadres who basically meet the conditions.

If the ethnic population exercising regional ethnic autonomy accounts for more than12 of the total population in the region, the cadre composition should be roughly equal to the proportion of the ethnic population; Less than 1/2 should generally be higher than the national population ratio.

(two) the autonomy of the organs of self-government of ethnic autonomous areas

1, national legislative power

The people's congresses of ethnic autonomous areas have the right to formulate autonomous regulations and separate regulations according to the local political, economic and cultural characteristics.

The autonomous regulations stipulate the basic problems of implementing regional ethnic autonomy in this locality; Specific matters concerning the local implementation of regional ethnic autonomy shall be stipulated by separate regulations.

Autonomous regulations and separate regulations can make flexible provisions on national laws and policies.

The autonomous regulations and separate regulations of the autonomous region shall take effect after being approved by the NPC Standing Committee.

Autonomous regulations and separate regulations of autonomous prefectures and autonomous counties shall come into effect after being approved by the standing Committee of the people's congress of a province or autonomous region and reported to the NPC Standing Committee for the record.

2. Flexible enforcement right

If the resolutions, decisions, orders and indicators of the state organs at higher levels are not suitable for the actual situation of ethnic autonomous areas, the organs of self-government may report to the state organs at higher levels for approval, implement them flexibly or stop their implementation.

3. Financial and economic autonomy

The organs of self-government in ethnic autonomous areas have a greater degree of financial and economic autonomy and can enjoy the care and preferential treatment of the state.

The organs of self-government of ethnic autonomous areas shall, in accordance with state regulations, independently arrange and use all financial revenues belonging to ethnic autonomous areas.

The financial revenue and expenditure items of ethnic autonomous areas shall be formulated by the State Council in accordance with the principle of preferential treatment for ethnic autonomous areas.

The financial budget expenditures of ethnic autonomous areas set up mobile funds in accordance with state regulations, and the proportion of reserve funds in the budget is higher than that of ordinary areas.

4. Cultural and linguistic autonomy

The organs of self-government in ethnic autonomous areas enjoy a certain degree of cultural autonomy.

When performing their duties, the organs of self-government of ethnic autonomous areas use one or more languages commonly used in the local areas in accordance with the regulations on autonomy of ethnic autonomous areas.

If several common languages are used to perform official duties at the same time, the language of the ethnic group exercising regional autonomy may be the main language.

5. Right to form public security forces

The organs of self-government of ethnic autonomous areas may, with the approval of the State Council, organize local public security forces to maintain social order according to the national military system and local actual needs.

6. Minority cadres have priority in appointment.

Grass-roots democratic system

Grass-roots democratic system includes villagers' autonomy system, urban residents' autonomy system and workers' congress system, which is the main way for people to exercise their right to be masters of their own affairs. Since the founding of New China, while establishing the people's congress system, China has also set about establishing the grassroots people's democratic system. It has successively formulated the Organic Law of Villagers' Committees, the Organic Law of Urban Residents' Committees and the Regulations on the Workers' Congress of Industrial Enterprises Owned by the Whole People. The people manage state affairs, economic and cultural undertakings and social affairs through the system of grass-roots self-government and the system of workers' congresses, and directly exercise their right to be masters of their own affairs.

I autonomous nature of residents' committees and villagers' committees

Article 111 of the Constitution of People's Republic of China (PRC) stipulates that residents' committees or villagers' committees established in urban and rural areas according to the areas where residents live are grass-roots mass autonomous organizations. The directors, vice-directors and members of residents' committees and villagers' committees are elected by residents. The relationship between residents' committees and villagers' committees and grass-roots political power shall be stipulated by law.

Residents' committees and villagers' committees shall set up people's mediation committees, public security committees and public health committees to handle public affairs and public welfare undertakings in their residential areas, mediate civil disputes, help maintain social order, and reflect the opinions, demands and suggestions of the masses to the people's government. (mass autonomy, no political nature)

Paragraph 3 of Article 4 of the Constitution of People's Republic of China (PRC) stipulates that regional autonomy shall be practiced in areas where ethnic minorities live in concentrated communities, and organs of self-government shall be established to exercise the right of self-government. All ethnic autonomous areas are an inalienable part of the people of China. (national autonomy, with the nature of political power)

Article 31 of the Constitution of People's Republic of China (PRC) stipulates that the state may establish special administrative regions when necessary. The system to be implemented in the special administrative region shall be prescribed by law by the National People's Congress according to specific conditions. (Special autonomy and political nature)

Two, the residents' committee governance according to law.

The main body of governance according to law-the broad masses of residents

The Key to Ruling by Law —— Straightening out Relations by Law

The goal of being in power according to law is to strengthen the "three forces", namely cohesion, appeal and influence.

The guarantee of being in power according to law-to achieve "three enhancements", that is, to strengthen leadership, guidance and supervision.

Third, the status of villagers' committees.

(A) the relationship between rural grass-roots party organizations and villagers' autonomy

On the position and function of rural grass-roots party organizations in villagers' self-government activities. Article 3 of the Organic Law of Villagers' Committees stipulates: "Grass-roots organizations of China * * * Production Party in rural areas shall carry out their work and play a leading role in accordance with the process of China * * * production in party constitution; In accordance with the Constitution and laws, support and guarantee villagers to carry out autonomous activities and directly exercise democratic rights. "

Guide the core role.

(B) the relationship between township governments and villagers' committees

On the relationship between township government and villagers' committee. Article 4 of the Organic Law of Villagers' Committees stipulates: "The people's governments of townships, nationality townships and towns shall give guidance, support and help to the work of villagers' committees, but shall not interfere in matters that are within the scope of villagers' autonomy according to law." "The villagers' committees shall assist the people's governments of townships, nationality townships and towns in their work. "

2 township governments shall give guidance, support and help to the work of villagers' committees. The implementation of villagers' autonomy and the development of grass-roots democracy are stipulated by the Constitution and laws.

3. The township government shall not interfere in matters within the scope of villagers' autonomy according to law. Villagers' committees are mass autonomous organizations. All matters within the scope of autonomy according to law, such as what to do, what not to do, what to do first, what to do later, whether to do this or that, must be discussed and decided by the villagers themselves, and the township government shall not interfere.

4. The villagers' committee shall assist the township government in its work. The villagers' committee is a grass-roots mass autonomous organization, not an agency of the township government or its "one leg". Therefore, villagers' committees cannot exercise their functions and powers instead of the government, nor can they arrange government affairs. However, because citizens have the obligation to abide by the law and obey the government's management, villagers' committees, as mass autonomous organizations, also have the responsibility to assist the government's work, which is also an important part of autonomy.

Four, the villagers' autonomy regulations and village rules and regulations

Village regulations and villagers' autonomy regulations are important ways and means for villagers' committees to organize mass autonomy. Article 20 of the Organic Law of Villagers' Committees stipulates: "Villagers' meetings may formulate and amend villagers' autonomy regulations and village rules and regulations, and report them to the people's governments of townships, nationality townships and towns for the record." At the same time, it also stipulates that villagers' autonomy regulations and village rules and regulations "shall not contravene the Constitution, laws, regulations and national policies, and shall not infringe upon villagers' personal rights, democratic rights and legitimate property rights". (2) Provisions on villagers' autonomy

1. Formation of villagers' autonomy regulations. The Charter of Villagers' Autonomy is a comprehensive regulation of villagers' self-management, self-education and self-service, and it is also the highest-level and most complete regulation in rural villagers' committees in China.

2. The contents of the articles of association of villagers' autonomy. Judging from the existing practical experience, the articles of association of villagers' autonomy generally include the following contents:

(1) Organizational structure and principles of villagers' autonomy. The composition, authority and meeting system of villagers' meeting and villagers' representative meeting are emphatically stipulated; It stipulates the emergence, responsibilities, working system and working organization of villagers' committees; The division of villagers' groups and the responsibilities of villagers' small group leaders are stipulated; The rights and obligations of villagers are stipulated; The behavior norms of village cadres are stipulated.

(2) Economic management. The focus is on labor accumulation, land management, collection and use of contract fees, production services, financial management, and management measures for village-run enterprises.

(3) social order. The focus is on social security, village rules and regulations, neighborhood relations, marriage and family, family planning and so on.

On the basis of the above contents, some articles of association of villagers' autonomy have also added some contents, such as social security and social welfare, building a clean government, rural housing management, household registration management, villagers' file management, science and technology and national defense education, and villagers' education. When formulating and amending the articles of association of villagers' autonomy, all localities can add more targeted clauses according to laws and regulations, combined with the actual situation of the village and with the consent of the villagers' meeting.

3. The role of the villagers' autonomy charter.

(1) Ensure the implementation of the principles, policies, laws and regulations of the Party and the state in rural areas. The articles of association of villagers' autonomy are formulated by the villagers according to the principles and policies of the party and the laws and regulations of the country, combined with the actual situation of the village. In the process of formulating the villagers' autonomy charter, the villagers are organized to study and study the Party's policies and the country's own laws and regulations, so that the villagers can receive more systematic and vivid socialist democracy and legal education. Generally speaking, the villagers' autonomy charter adopted through discussion by villagers can not only concretize policies and laws into a code of conduct that all villagers abide by, but also avoid the problem that relevant laws and regulations are scattered in various laws and regulations, which is difficult to remember and operate, thus realizing the organic combination of national laws, local regulations and village conditions, making legal provisions enter thousands of households from books, and providing conditions for the effective implementation of major principles and policies of the party and the state.

(2) Standardized the basic system of village management, laying a foundation for improving the level of village management. The regulations on villagers' autonomy straighten out the relations among all aspects in rural areas, stipulate various systems of rural village-level organizations, and make the democratic management of village affairs enter the procedural stage. In the past, some local village cadres suffered from the lack of basis and means in the village when dealing with problems. When encountering contradictions and disputes, it is often "pushing and dragging"; With the villagers' autonomy charter, cadres have rules to deal with problems, and the majority of villagers have a bottom in their hearts.

(3) standardize the relationship between cadres and the masses and straighten out the mood of the masses. The villagers' autonomy charter promises not only the people, but also the "officials". Under the system management, cadres and the masses are both managers and managed, forming a mechanism of self-management, self-education and self-service. A large number of contradictions in rural society have been resolved, and the relationship between cadres and the masses has been constantly harmonious.

4. Actively popularize villagers' autonomy regulations. The constitution of villagers' autonomy is an important part of the construction of democracy and legal system of villagers' committees. In China, in order to actively promote villagers' autonomy and improve the construction of villagers' committees, it is necessary to formulate and improve the basic laws, local regulations and rules and regulations of villagers' autonomy. This system includes: at the national level, it is necessary to formulate and improve the organic law of villagers' committees, as well as procedural and technical administrative regulations such as the election methods of villagers' committees, villagers' meetings and villagers' representative meetings, the construction of village-level democratic system, and the openness of village affairs. At the provincial level, there should be not only the implementation methods of the organic law of village committees, but also special procedural laws and administrative regulations involving all democratic links. At the county level, the focus is on formulating normative documents such as the implementation plan for the election of villagers' committees, the rules for villagers' representatives' meetings, and the specific plans for township governments to guide the rules for villagers' committees. At the township level, it is necessary to formulate specific and operable normative documents such as specific plans and methods for the election of village committees in counties (cities), rules for villagers' representative meetings, rules for making village affairs public and guiding the work of village committees in townships. At the village level, it is necessary to establish rules and regulations for the work of villagers' committees and villagers' self-government activities with articles of association as the main body and democratic election, democratic decision-making, democratic management and democratic supervision as the basic contents. In the construction of democracy and legal system of the whole villagers' committee, the villagers' autonomy regulations are in a basic position, which is the symbol of the institutionalization of villagers' autonomy. Because all villagers' self-government systems must be implemented in villages, only when all kinds of normative systems are implemented in the behavior of village cadres and villagers can the national villagers' self-government system be regarded as rooted in rural land.

Although we have been practicing villagers' autonomy for ten years, at present, the standardization and democratization of the management of rural village committees can only be regarded as the beginning, and the popularization rate of villagers' autonomy regulations is still very low, and there are still many places where there are no formal villagers' autonomy regulations. Therefore, in the practice of villagers' committee construction and villagers' autonomy in the future, it is an important content to vigorously publicize and fully popularize the villagers' autonomy regulations in accordance with the requirements of the Third Plenary Session of the 15th Central Committee. Villages with conditions should formulate regulations on villagers' autonomy as soon as possible, so as to form a relatively complete set of rules and regulations in the village and implement various tasks of villagers' autonomy.

(C) the relationship between village regulations and villagers' autonomy regulations

Village rules and regulations and villagers' autonomy regulations belong to the same category, both of which are applicable to the management of various affairs in the village. However, villagers' autonomy regulations cannot be equated with village rules and regulations. Compared with village rules and regulations, villagers' autonomy regulations have many differences.

1. The content of the villagers' autonomy charter is wider than the village rules and regulations. Village rules and regulations mainly require villagers from the aspects of discipline and moral norms, while the contents of villagers' autonomy regulations are very extensive, basically including all aspects of villagers' autonomy and village management. The articles of association of villagers' autonomy clearly stipulate the policies that villagers should implement, the laws and regulations that they should abide by, the tasks that they should complete, and the unified and standardized village affairs. The characteristics of villagers' autonomy charter in this respect enable it to promote the coordinated management of village affairs and avoid the phenomenon of paying attention to one thing and losing another.

2. The articles of association of villagers' autonomy are more specific than village rules and regulations in terms of system provisions. Village rules and regulations generally only talk about "a few essentials" and "a few prohibitions", mostly for positive advocacy; The villagers' autonomy charter clearly stipulates what villagers should do, what they should not do, what they support, what they oppose, and what to do if they violate it. Even if the villagers themselves violate the charter, they can find a solution from the charter.

3. The structure of villagers' autonomy charter is more complete and standardized than village rules and regulations. Generally speaking, there are only a few village rules and regulations, while villagers' autonomy regulations are written in full accordance with formal regulations, adopting a three-level structure of "chapter", "section" and "article", which gives people a serious and formal feeling.

4. The villagers' autonomy regulations are more operable than village rules and regulations. Because the villagers' autonomy charter is broader and more specific than the village rules and regulations, and it is formulated according to the actual situation of the village, it is more targeted, more practical and easier to operate than the village rules and regulations.

5. The authority of villagers' autonomy regulations is greater than village rules and regulations. Due to the limited provisions of village rules and regulations, as long as they do not conflict with relevant laws and regulations, many legal provisions need not be checked. However, the articles of association of villagers' autonomy are numerous, wide in scope and rigorous in expression. In the process of formulation, all laws, regulations and policies involving rural areas and farmers should be studied and discussed and turned into articles in the articles of association. Therefore, its authority and rationality greatly exceed the village rules and regulations.

In a word, the villagers' autonomy charter is about the systematization and standardization of various systems of villagers' autonomy. It is not only different from the general rules and regulations, but also different from the general personal system and the general village rules and regulations. It is a relatively standardized, comprehensive and authoritative villager autonomy regulation in rural areas of China. Popularizing villagers' autonomy regulations will provide a strong institutional guarantee for the standardized management of rural village affairs.