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自治条例是规范民族自治地方自治机关依法行使自治权的重要法规之一,也是完善我国民族区域自治制度的关键环节。自治条例立法质量的高或低很大程度上取决于自治条例的制定程序。我国《立法法》对自治条例的制定程序授权民族自治地方的人民代表大会规定,这将导致我国各级民族自治地方自治条例的制定程序必定存在较大的差异性。本文主要以自治条例的制定程序为研究对象,试图通过立法规定与立法实践两个层面分别对民族自治地方自治条例的制定程序进行考察分析,希望能对自治条例的制定程序作些有益探讨。
Autonomy regulations are one of the important laws and regulations that regulate the exercise of autonomy by the organs of self-government of ethnic autonomous areas in accordance with the law. They are also the key links in improving the autonomy system for ethnic minorities in our country. The high or low quality of legislation in autonomous regulations depends to a large extent on the process of making autonomous regulations. The procedure for formulating the autonomous regulations in the “Legislation Law” of our country empowers the people’s congresses of ethnic autonomous areas to stipulate that this will result in a big difference in the procedure for formulating the autonomy rules for ethnic autonomous areas in our country. This article mainly takes the procedure of the formulation of the autonomous regulations as the research object, attempts to inspect and analyze the procedure of the autonomy regulation of the autonomous areas separately from the legislation and the legislative practice, hoping to make some beneficial discussions on the procedure of the autonomy regulation.