【摘要】 民族自治地方经济发展必须立足于自然资源优势。宪法和法律规定的民族自治地方自然资源权利并未得到实际保障。究其原因,不同利益主体在民族自治地方自然资源开发和保护中存在利益冲突。分析利益冲突与相关权力博弈表现,理清问题成因和解决思路,在认清相关分权机理的基础上,完善民族自治地方自然资源权利相关的顶层制度设计,同时,采取托管式有限自治的模式,是民族自治地方自然资源权利实现的当下路径。更多还原

【Abstract】 Regarding China’s ethnic minorities’ economic development,a basic path to develop characteristic industries, depends, at the least,on their rich natural resources. However,the natural resources rights of the ethnic autonomous regions prescribed in the Constitution and the law are not actually guaranteed. The ethnic autonomous regions have not actually enjoyed the specific right to independent development and utilization of their natural resources. The state also does not provide a reasonable compensation during the process of exploitation of the resources; and the economic growth and the upgrading of the industrial structure essentially have not changed. Once the traditional natural resources are used up,the consequences are unthinkable.Due to the overall backward situation of the ethnic minorities’ economic- social development,and the specific benefits of the natural resources made from the economic development in ethnic autonomous regions,the state has made a special provision. Taking into consideration the four economic behavior stages concerning the development and protection of natural resources,the state stipulates three items related to the rights of natural resource autonomy in the ethnic autonomous regions,five items related to the right to receive national support regarding the natural resources,and flexible legislation rights related to the natural resources in the ethnic autonomous areas. Among these,the first two are substantive rights while the last one is a supportive right.There are various stakeholders concerned with the development and protection of natural resources in the ethnic minorities ’ autonomous regions. Generally speaking,the interests of different stakeholders are the same. However,there are also some conflicts between them.Hence,improving access to the rights of natural resources in the ethnic minorities’ autonomous regions is actually an issue concerning the division of power between the center and the local areas.This involves two basic questions: one concerns the border divisions between the central power and the autonomous rights of the ethnic minorities’ autonomous regions; the other is the benefit and division of rights regarding the natural resources between the center and the local. Both issues face a theoretical dilemma,namely,the contradiction in the concepts of decentralizing power to local authorities versus unified governance. Regarding the exploitation and protection of natural resources in the ethnic minorities’ areas,solving the contradiction between decentralized and centralized power should be:( i) based upon the framework established in the Constitution,and the Law of Ethnic Minorities’ Autonomy;( ii) take the purpose of improving natural resources rights as the core;( iii) perfect the national law and autonomous law related to natural resources;( iv) rationalize the power relationships of different national institutes with regard to the issue of ethnic autonomy;( v) improve the institutions for dispute management; and,( vi)complete the "top down design"strategy of these institutions.There are two concrete aspects for us to start:the first one is in "design from the top( down) ".In this regard,one should: 1) perfect the national legislation for natural resources; and 2) perfect the natural resources autonomous legislation in the ethnic minorities’ autonomous regions. The second regards the aspect of practice. We should implement an entrusted and limited autonomous model based on the autonomy of the ethnic minorities.This kind of model conforms to the purpose and principle of the ethnic regional autonomy system,and is an important breakthrough for the autonomous rights in the ethnic autonomous region,and it can avoid some of the current conflict of interests and competition for power. We should let all ethnic minorities have enthusiasm regarding themselves as the host of their areas,manage their own internal affairs; accelerate their economic development,and,realize the equality,unity and common prosperity of the various ethnic groups.The principle of the model for entrusted and limited autonomy is: the state delegates powers to lower levels and gives macro regulation; the local government has limited autonomy,makes overall planning and takes all factors into consideration( i. e. state,enterprises,local and minority benefits); have the participation of the masses and democratic consultation.更多还原