【摘要】 改革的深化、依法治国的推进、"五大发展理念"的实施,对民族自治地方治理现代化将产生深刻影响。如何在认真梳理我国民族区域自治法实施三十多年成效的基础上,在全面深化改革、全面推进依法治国背景下,从实际出发尊重差异,着眼于"创新、协调、绿色、开放、共享",全面推进民族自治地方依法治理、实现治理现代化,多措并举推进民族区域自治制度的有效实施,是需要认真研究的。我们认为:应更新理念、弱化特殊性、固化地方性、强化新思维,创新民族区域自治制度运行,推进民族自治地方治理现代化。更多还原

【Abstract】 Deepening reform,promoting the rule of law,and implementing the "Five Development "concepts have had a deep influence on the modernization of governance in ethnic autonomous regions. Based on a review of 30 years of successful experiences in implementing ethnic regional autonomous law, and focusing on the concepts of"innovation, coordination, green development,openness and sharing",we need to conduct in-depth research on the ways to: promote governance by law,realize the modernization of governance;and promote the efficient implementation of ethnic autonomous systems in the ethnic autonomous region.The 155 ethnic autonomous areas of China cover 64% of the total area of the country. Therefore,the governance of the country cannot be achieved without modernizing the governance in the ethnic autonomous regions. Modernizing the governance in ethnic autonomous regions is a necessary element for modernizing the governance of the nation. The modernization of the ethnic autonomous regions actually means the legalization of the governance in ethnic autonomous areas,which is a main part of the legalization of the ethnic affairs.The comprehensive,deepening of reform,and promoting governance by law have been strongly promoted. We should start from reality,respect differences,and take the development concepts of"innovation,coordination,green,openness and sharing"into consideration so as to promote the efficient implementation of ethnic regional autonomous systems through various methods. We should update our concepts,weaken specificity,solidify locality,intensify new thinking,innovate the running of ethnic autonomous systems,and promote the modernization of governance in ethnic autonomous regions. Based on a comprehensive analysis of the theories and practices used since the implementation of ethnic regional autonomous regulations,and under the premise of intensifying "the legalization of ethnic affairs ",we should deepen the comprehensive reform of the ethnic autonomous regions,comprehensively promote the governance by law,and realize the goal of building a moderately prosperous society as scheduled through improving and innovating the running of ethnic regional autonomous systems."Ethnic areas are districts with rich resources and water sources; they are ecological screen zones,cultural characteristic zones,border areas,and poor areas. "At the same time,due to historical,social and natural factors,"the natural conditions of most ethnic areas are not good; their beginning phase of development is low; they have many historical debts; they are located far away from the central markets and urban areas; their urban-rural gap is very obvious",and "their gap with the eastern areas( of China) is growing larger and larger". The reform and the promotion of governance by law in ethnic autonomous areas should put more emphasis on locality,ethnicity and "autonomy". Of course,we must avoid of "artificially"intensifying ethnic consciousness,and creating ethnic "differences". Meanwhile,we should "improve the capability for legal management of ethnic affairs","intensify the construction of laws and regulations related to ethnic work","legally handle those issues involving ethnic factors","insist on resolving issues involving ethnic factors by the law,and avoid of regarding civil and criminal problems related to ethnic people as ethnic problems,or regarding common disputes in ethnic areas as ethnic problems. "We should affirm that China’s ethnic relations are harmonious,and that their economics are developing rapidly. Since the implementation of the policy of "reform and opening-up ",especially since 2005,the economics in ethnic autonomous regions have developed dramatically; the people’s living conditions have continuously improved; basic infrastructure has significantly speeded up; and ecological protection has solidly improved. However,the problems still prevail. For example,the poverty in ethnic areas is still serious—there are more than 25 million poor in ethnic rural areas.Therefore,the task of poverty alleviation is still very tough. In addition,the gap between urban and rural areas and between different regions is very large in ethnic autonomous regions. Finally,the rate of urbanization is very low.In sum,during the process of modernizing social governance in ethnic autonomous regions,we must pay full attention to the five "stage characteristics"of ethnic work in China which are the:( i)co-existence of opportunities and challenges brought by the "reform and opening-up"policy and the socialist market economy;( ii) co-existence of the state’s constant support to the ethnic areas and its low level of development;( iii) co-existence of the state’s constant support to the ethnic areas and the weak level of basic public service capability in ethnic areas;( iv) co-existence of the constant exchange and fusion between various ethnic groups and the disputes involving ethnic factors; and( v) co-existence of the great achievements in anti-national splittism,religious extremity,and violent terrorism,as well as the active terrorism activities in some areas. Only when we recognize this situation,can we understand the specificity of doing ethnic work in China. The innovation of governance of ethnic autonomous areas and the promotion of governance by law in the whole country must start from this actual situation.At present,we still need to clarify the connotations of autonomous rights. Based on a clear clarification of the basic meaning of ethnic regional autonomous rights,we should deepen reform,actively transform the governance of the ethnic autonomous regions,further deepen relevant theoretical studies,and positively promote the ethnic regional autonomous system. The main purpose of the ethnic regional autonomous areas is to promote the development of the various affairs of ethnic minorities and ethnic regional autonomous areas. The purpose for improving the ethnic regional autonomous system is to ensure the development of ethnic minorities and ethnic regional autonomous regions. Improving the ethnic regional autonomous system should transform from one of preferential treatment to one of nuanced development.Looking back to the past,the legal construction of ethnic regional autonomy has made great achievements. However,the preferential policies of the state and relevant institutes are still the real factors promoting the development of the various affairs of the ethnic minorities and ethnic autonomous areas. As described in this article,there are multiple factors which influence the efficiency and performance of the ethnic regional autonomy. The ethnic autonomous regions are restricted by natural conditions and economic development,therefore,they have to depend on assistance from the state and the relevant institutes—this is the objective reality. However,the improvement of the ethnic regional autonomous system must change the status of the past,and enable the ethnic regional autonomous system play out its actual role so that the various affairs of ethnic minorities and ethnic autonomous regions can step onto a road of nuanced development.The future development of the ethnic regional autonomous system depends on the consensus of theoretical and practical circles,i. e. a long-term mechanism whose purpose is to enable the system itself play its actual role should be established.Only by such a mechanism,can these puzzling problems be solved and gradually improved. Taking the breakthrough of the actual effect of the system as the starting point of the ethnic regional autonomy’s deepening of the reform,one should take the following aspects into consideration: 1) re-examine existing laws and regulations,and improve them on the basis of institutional norms,enhance normalization,uniformity and manipulability of the ethnic regional autonomous regulations; 2)sort out the relationship between the institutions in ethnic autonomous areas and the upper levels of the state institutes,as well as the relationship between the institutions on the same level; on the various institutional levels,enhance clear cognition on the position,role and organizing principles of the ethnic regional autonomous system,and avoid taking the ethnic regional autonomous system as the affairs of the ethnic autonomous areas; 3) improve the supervisory mechanisms for running the ethnic regional autonomous system; and 4) improve the mechanisms for handling disputes on the running of the ethnic regional autonomous system.We must work closely, share the achievements,and promote the operation of the ethnic regional autonomous system. For this purpose,we should: 1) standardize the management of the ethnic regional autonomous system,and weaken the"specificity"; 2) promote the governance capability of the ethnic regional autonomous areas,and solidify the concept of "locality"; 3) enhance autonomous awareness and capability,intensify "new thinking",motivate initiatives from the autonomous areas,and improve the autonomous system from the bottom-up,and rationally allocate the power and rights of the high-level organs and the autonomous organs in the ethnic autonomous areas.更多还原