Experience of legislative investigation on autonomous regulations

In order to implement the system of regional ethnic autonomy, understand the implementation of the autonomous regulations of ethnic autonomous areas in our province, and effectively protect the rights and interests of ethnic autonomous areas and the implementation of the autonomous regulations, according to the annual work plan of the Working Committee, with the consent of the leaders in charge of the Standing Committee of the Provincial People's Congress, the Working Committee and the Provincial Ethnic and Religious Affairs Committee jointly formed a research group to conduct in-depth research on the implementation of the autonomous regulations of ethnic autonomous areas in our province from the end of 10 to10. During the investigation, the research team held a forum with the people's congresses, governments and other relevant departments in ethnic autonomous areas to check the implementation of the autonomous regulations one by one, discuss the root causes of the problems in the implementation of the autonomous regulations and put forward suggestions and opinions to solve the problems. The investigation is now reported as follows.

I. Achievements in the implementation of the autonomous regulations

There are 6 ethnic autonomous counties in our province, namely Changjiang, Lingshui, Ledong, Baisha Li Autonomous County and Baoting and Qiongzhong Li and Miao Autonomous County. Since 2005, when the Regulation on Autonomy in Ethnic Autonomous Areas was revised and implemented, the governments of ethnic autonomous areas have conscientiously implemented the system of regional ethnic autonomy, actively promoted the cause of ethnic unity and progress, promoted ethnic development and economic and social prosperity in the region, maintained social stability, and made certain achievements in adhering to administration according to law, improving ethnic laws and regulations, and promoting the rapid development of economic and social undertakings in ethnic autonomous areas.

(1) Strengthen legislation, improve the legal system, and ensure the sustainable economic and social development of autonomous areas.

Legislative power is an important autonomy granted to the organs of self-government of ethnic autonomous areas by the Constitution and laws. National autonomous areas give full play to the role of legislative power, and have formulated a series of laws and government regulations that are compatible with autonomous regulations, which effectively play the role of autonomous regulations, further promote the rapid development of economy, society and various undertakings in ethnic autonomous areas, and safeguard the national unity and legitimate interests of ethnic minorities in ethnic autonomous areas. For example, the Regulations on the Management of Rural Roads in Qiongzhong Li and Miao Autonomous County, the Regulations on the Protection of Water Conservancy Facilities in Qiongzhong Li and Miao Autonomous County and the Regulations on the Management of Rural Roads in Baoting Li and Miao Autonomous County have effectively promoted and improved the construction of rural road traffic and water conservancy facilities in ethnic autonomous areas and promoted the economic development of ethnic autonomous areas; Opinions on Further Accelerating Economic and Social Development in Baisha, Opinions on Strengthening Ethnic Work in Baisha Li and Miao Autonomous County, Implementation Plan for Strengthening Government Administration according to Law in Changjiang Li Autonomous County, Provisions on Major Administrative Decision-making Procedures of Changjiang Li Autonomous County People's Government and other government regulations have promoted ethnic relations and economic and social development in ethnic autonomous areas and strengthened administrative means according to law. The Interim Measures for Disposal of Idle Construction Land in Lingshui Li Autonomous County disposed of 67,000 mu of idle construction land in the county, which provided valuable resources for economic and social development. Opinions of Lingshui Li Autonomous County on Strengthening Environmental Protection, Regulations on the Protection and Management of Specific Trees in Changjiang Li Autonomous County, Opinions of Baoting Li and Miao Autonomous County on Further Strengthening Forest Ecological Benefit Compensation and other rules and regulations have effectively protected the ecological environment in ethnic autonomous areas, raised citizens' awareness of environmental protection, guaranteed and promoted farmers' transfer income, and made ecological environmental protection and ecological compensation have rules to follow; The Regulations on the Protection of Intangible Cultural Heritage in Baoting Li and Miao Autonomous County and the Regulations on the Protection of Intangible Cultural Heritage in Baisha Li Autonomous County have strengthened the legislation on the protection, excavation, inheritance and full development of minority cultures, effectively protecting the disappearing minority cultures and enabling them to be inherited and utilized.

(2) Healthy development of economic and social undertakings.

The implementation of the autonomous regulations has promoted the rapid development of economic and social undertakings in ethnic autonomous areas, and comprehensively improved the level of infrastructure construction, education, medical and health care and industrial and agricultural production. The economic strength of ethnic autonomous areas has increased year by year, and some indicators have increased at the forefront of the province.

In terms of gross national product and fiscal revenue: in 20 12, the gross national product of Qiongzhong Li and Miao Autonomous County reached 2.594 billion yuan, 7.37 times that of 1999, up by10/0/%year-on-year, ranking seventh in the province, and the local government budgeted revenue was 224 million yuan. In the first three quarters of 20 13, the county achieved a gross national product of181800 million yuan, a year-on-year increase of 10%, and the local government budget revenue of1700 million yuan, a year-on-year increase of 26%. From 20 10 to 20 12, the gross national product of Changjiang Li Autonomous County was 5.62 billion yuan, 7.3 billion yuan and 8 10 billion yuan respectively, with year-on-year growth of 16.3%, 16.5% and/kloc-respectively. The growing gross national product and financial strength have effectively promoted the economic development, career prosperity and social stability of ethnic autonomous areas.

Investment in fixed assets of the whole society: in 20 12 years, Lingshui Li Autonomous County completed1300 million yuan, a year-on-year increase of 44.4%; Baoting Li and Miao Autonomous County completed 3.34 billion yuan, 9 times as much as/kloc-0 in 2006, with an average annual growth rate of 63.5%; Qiongzhong Li and Miao Autonomous County completed 65.438+85.6 million yuan, 654.38+0.76 times of 654.38+0.999, with a year-on-year increase of 53.5%, ranking fourth in the province in the same year. The increasing investment in fixed assets of the whole society has accelerated the pace and level of infrastructure construction in ethnic autonomous areas and laid a solid foundation for the economic take-off of this administrative region.

Medical and health construction: Since 2007, the central, provincial and county governments have invested a total of 206 million yuan in infrastructure construction and the purchase of advanced medical equipment in primary medical and health units. In 2009, the coverage rate of administrative village clinics was 100%, and the construction of 43 standardized village clinics was completed/kloc-0, with a coverage rate of 80.3%. From 2007 to 20 13, Changjiang Li Autonomous County invested nearly 50 million yuan to build outpatient buildings of various hospitals. Invest 24.04 million yuan to build 12 outpatient building of township hospitals, and build the outpatient building of township hospitals in an all-round way. The continuous improvement of medical and health level in ethnic autonomous areas has effectively guaranteed and improved the health level and quality of life of the broad masses of people in ethnic autonomous areas.

Education: The governments of ethnic autonomous areas should conscientiously implement the poverty alleviation policies formulated by our province, actively improve the vocational education mechanism, and increase investment in education, which are the main starting points for cultivating the follow-up forces of ethnic autonomous areas. All ethnic autonomous areas have invested a lot of money to build Siyuan experimental school, optimized the allocation of educational resources, and strived to improve the education level. Since the autumn of 2009, Lingshui Li Autonomous County has recruited 7 minority townships and Diaoluoshan Forestry Bureau *** 1300 compulsory education students from Siyuan Experimental School every year; Boarding minority senior high school students are enrolled every year, and the living allowance is paid according to the standard of 1.500 yuan per student per year, from 20 10 to/.800 yuan per student. From August 2008 to the end of 20 12 in Changjiang Li Autonomous County, * * * invested 62910.9 million yuan to build Siyuan School. Since 2006, * * * invested 9.2 million yuan to build ethnic middle schools, and the county finance partially subsidized the living expenses of boarding primary and secondary school students through the annual budget to help the poor through education. The living allowance for boarding students in junior high schools and primary schools is not less than 65,438 pounds per person per month. The increasing investment in education has not only changed the backward situation of education in ethnic autonomous areas, but also greatly changed the concept of the broad masses of people getting rid of poverty and becoming rich.

(3) ethnic relations have been further consolidated and ethnic culture has been further prosperous.

Ethnic autonomous areas attach great importance to the publicity and education activities of ethnic unity, and carry out various laws and regulations publicity activities around the implementation of autonomous regulations, so that the idea that ethnic unity can maintain social stability and social stability can develop the economy is gradually rooted in the hearts of the people, and ethnic relations are further consolidated. Baisha Li Autonomous County further strengthens the publicity and education activities of ethnic legal system, answers questions about ethnic affairs, puts forward opinions and suggestions to party and government leaders, gives full play to the legal protection role of autonomous regulations in promoting national unity and prosperity and development, and safeguards the legitimate rights and interests of ethnic minorities. Qiongzhong Li and Miao Autonomous County has 10 minority townships, which are adjacent to four state-owned farms. Villages and towns are intertwined, enjoying social resources such as market, finance, transportation and telecommunications, forming a national relationship of "as close as lips and teeth". The county finance allocates 20,000 yuan every year as the fund to carry out the education activities of national unity and progress, so that "Han people cannot live without ethnic minorities."

While strengthening the education and publicity activities of national unity, ethnic autonomous areas regard the third month of the lunar calendar as the propaganda month of national unity and progress, and fully display the humanistic customs and cultural life of ethnic minorities on the third day of the lunar calendar, actively explore and carry forward ethnic minority cultures, so that ethnic minority cultures can be better protected, inherited, developed and fully utilized, and further prospered. Ledong Li Autonomous County allocates special funds for the protection and development of minority cultures every year. Among them, Li's traditional spinning, dyeing, weaving and embroidery skills are listed in the first batch of "Intangible Cultural Heritage List in urgent need of protection" by UNESCO. Li's rattan and bamboo weaving skills and Li's folk stories have been listed in the provincial intangible cultural heritage protection list, and more than 50 Da 'an Li's folk paper-cutting skills have been selected for national and international exhibitions. In Qiongzhong Li and Miao Autonomous County, Qiongzhong Li folk songs and other 10 intangible cultural heritage projects were listed in the national and provincial protection lists, and 105 county-level inheritors were also confirmed. In 2009, Wang Nvda, the inheritor of Li folk songs, was listed as a national intangible cultural heritage inheritor. Baisha Li Autonomous County aims to create the "hometown of China Li Shuang Mian Embroidery" and comprehensively promote the protection of intangible cultural heritage of ethnic minorities. With the traditional culture and living customs of Li and Miao as the theme, he created more than 30 works (the first part), collected more than 40 national costumes and handicrafts, took more than 300 pictures of various materials, and collected and recorded 4 boxes of folk songs.

Second, the main problems

Although some achievements have been made in the process of implementing autonomous regulations in ethnic autonomous areas, the existing difficulties and problems are still outstanding, and some difficulties and problems have restricted the implementation of autonomous regulations to a great extent.

(A) insufficient attention to the study and publicity of the autonomous regulations, insufficient understanding, and weak awareness of regional ethnic autonomy

During the investigation, the research team conducted on-the-spot exchanges with the heads of national autonomous local governments and more than a dozen relevant departments who participated in the symposium. Most department heads have not carefully read the Autonomous Regulations, and some department heads simply don't understand the provisions of the Autonomous Regulations. If the leaders of the governments and relevant departments in ethnic autonomous areas do not know enough about the autonomy regulations, it will be difficult for them to implement the laws according to the autonomy regulations, it will be difficult for all departments to consciously implement the autonomy regulations, and it will be difficult to implement some regulations that seek support and help from superiors. In the final analysis, these problems lie in the fact that the governments of ethnic autonomous areas have not paid enough attention to the study and publicity of autonomous regulations, and have not taken the implementation of autonomous regulations as the work of local economic and social development and the revitalization of various undertakings in ethnic autonomous areas. They don't know enough about the importance of implementing the autonomous regulations, have a weak sense of administration according to law, and have a weak concept of protecting the rights of ethnic autonomous areas according to law. These problems have greatly affected the full implementation of the autonomous regulations. In addition, people from all walks of life and governments at all levels have a weak sense of regional ethnic autonomy. Some documents issued by the provincial government and its constituent departments, including newspapers, radio, television and other provincial news media, omit the word "autonomy" of ethnic "autonomous counties" and call them "counties" directly; A similar situation occurred in ethnic autonomous areas. Signboards and titles hung in front of some units in ethnic autonomous areas do not have the word "autonomy".

(2) The support and help of the higher authorities are not enough, and the decisions and decisions made do not fully consider the reality of ethnic autonomous areas and lack policy support.

In the process of implementing the autonomous regulations, some higher authorities did not fully consider the special factors of ethnic autonomous areas and did not give more preferential policy support and inclination; Some regulations involving the support and assistance of higher authorities simply cannot be implemented and enforced. On the one hand, ethnic autonomous areas do not know enough about this provision, on the other hand, higher authorities do not know about the provisions of the autonomous regulations. For example, there is a provision in the autonomy regulations of ethnic autonomous areas: "The paid land use fee for newly-increased construction land that should be paid by the people's government of the autonomous county according to law shall be independently arranged by the autonomous county except the part paid to the state ...", but in the actual implementation process, the higher authorities did not directly return this part of the funds, and the governments of ethnic autonomous areas did not strive for this right; The autonomous regulations also make similar provisions on mineral resources compensation fees and water resources fees, which cannot be implemented without the support of higher authorities. When formulating the policy on the proportion of land transfer income, the provincial government's Notice on Adjusting the proportion of land transfer income in some cities and counties turned over to the provincial level (Fu Qiong [2013] No.7) equated the proportion of land transfer income in Lingshui Li Autonomous County with Qionghai, Wenchang and Wanning to 15%, which was 5 times lower than 20 12. The surrender rate is higher than that of Haikou, Danzhou and Yangpu, and the preferential policy support given by Lingshui Li Autonomous County as an ethnic autonomous area and ethnic areas is not considered. 20 13654381From October to September, the land transfer fee paid by Lingshui Li Autonomous County (provincial finance) reached 3922 1 10,000 yuan.

In terms of matching funds: the higher authorities did not fully consider the actual situation of ethnic autonomous areas to give preferential policies and support. Paragraph 2 of Article 20 of the Provisions on the Implementation of the Law on Regional Ethnic Autonomy in People's Republic of China (PRC) Province clearly stipulates: "According to the unified planning and the reality of ethnic autonomous areas, priority shall be given to infrastructure construction projects such as water conservancy, transportation, energy and communication in ethnic autonomous areas. For infrastructure construction projects arranged by the state in ethnic autonomous areas, help to implement the matching funds needed for the projects; For infrastructure construction projects arranged by the province in ethnic autonomous areas, the financial matching funds of ethnic autonomous areas are exempted. " In the actual operation process, the higher authorities did not implement this provision, and infrastructure construction projects arranged by the province often need financial support from ethnic autonomous areas. For example, for the county road sand road reconstruction project implemented in 20/0/2 in our province, provincial authorities all require ethnic autonomous areas to have financial matching funds (2.6 million yuan per kilometer, 6.5438+0.6 million yuan/kilometer saved, and 6.5438+0.6 million yuan/kilometer matched in ethnic autonomous areas). Among them, Ledong Li Autonomous County rebuilt 59.9 kilometers of roads, and the county financial matching funds reached 59185,900 yuan; The construction mileage of Lingshui Li Autonomous County is 12.52 1 km, and the county financial support is1/kloc-0.95 million yuan. In addition, in water conservancy construction projects, the higher authorities did not adopt preferential investment policies for ethnic autonomous areas. When water conservancy construction projects in ethnic autonomous areas strive for approval, they are still required to provide matching funds according to the ratio of 10% to 20%. The economic foundation and financial resources of ethnic autonomous areas in our province are still poor, and the pressure of financial matching funds is too great, which causes some construction projects to be arranged in time and the quality of project construction is difficult to meet the requirements.

It is urgent to train and use minority cadres.

Minority cadres are an important bridge and link between the party and the government and the minority people, and an important backbone force to do a good job in ethnic work and accelerate economic development in ethnic areas. In recent years, our province has set a quota for recruiting civil servants in ethnic autonomous areas, and basically recruits ethnic minority cadres according to 40% of the number of recruits. However, this 40% quota is aimed at the whole province and even the whole country. The national autonomous areas in our province are backward in economy and education, lacking in talents and weak in competitiveness of local talents. It is actually very difficult to recruit local or even provincial minority cadres in 40% places. In addition, the proportion of ethnic minority cadres in ethnic autonomous areas is low and the aging is becoming increasingly obvious, and the number of local ethnic minority cadres is decreasing year by year. There are 535 ethnic minority cadres in Changjiang Li Autonomous County, accounting for 30.3% of the total number of cadres in the county, including 154 ethnic minority cadres at the department level, accounting for 27.2% of the cadres at the same level (the proportion of ethnic minority population in the county is about 35%); There are 4 18 ethnic minority cadres in Ledong Li Autonomous County, accounting for 24% of the total number of cadres in the county, including 178 ethnic minority cadres at the department level, accounting for 24.5% of the cadres at the same level (the proportion of ethnic minority population in the county is about 39%), and ethnic minority cadres over 50 years old 134; There are 265 department-level minority cadres in Lingshui Li Autonomous County, with an average age of 45.64 years. The number of ethnic minority cadres in ethnic autonomous areas is decreasing year by year, and they are older, which restricts the development of various work in ethnic autonomous areas to a certain extent and is not conducive to carrying out ethnic work and maintaining social stability.

(D) The ecological compensation mechanism has not been fully established.

Ethnic autonomous areas are important water sources and water conservation areas in our province, and are also the core areas of ecological protection in Hainan. For a long time, ethnic autonomous areas have closed hillsides to facilitate afforestation and protected the ecological environment, which has made our province's forest coverage rate in the forefront of the country and made great contributions to the construction of an ecological province. However, due to the imperfect ecological compensation mechanism and low compensation standard, the compensation per mu of 20 yuan is actually only given to the forest rangers, and the farmers have not received actual compensation and benefits. For the majority of farmers, it is to live a poor life by guarding the green hills, without realizing the purpose of "who protects who benefits", which also brings great hidden dangers to the ecological environment protection work in our province.

(5) Some provisions of the autonomous regulations do not meet the requirements of the new situation.

In the Regulations on Autonomy in National Autonomous Areas, some clauses are outdated, unable to meet the requirements of the new situation, lagging behind the new policies and regulations, and have lost their actual effect. For example, the collection of "forestry fees" and "value-added tax on fishery resources" stipulated in the autonomous regulations has stopped at present and should not be stipulated again.

Third, some suggestions.

It is of great significance for the economic and social development of ethnic autonomous areas to implement the autonomy regulations of ethnic autonomous areas. In view of the problems found in the investigation, the following suggestions are put forward.

(1) We must strengthen the study and publicity of the autonomous regulations, especially the study and publicity of leading cadres, and enhance our understanding of the system of regional ethnic autonomy.

According to the investigation, the problems existing in the implementation of the autonomy regulations in ethnic autonomous areas are partly caused by insufficient publicity, poor study, incomplete understanding and inadequate understanding of the autonomy regulations in ethnic autonomous areas by governments at all levels. Therefore, governments at all levels should attach great importance to the study and publicity of the autonomous regulations in ethnic autonomous areas, take the implementation of the autonomous regulations as a task to develop the economy and revitalize various undertakings in ethnic autonomous areas, adopt various ways and channels, and always carry out the publicity and study of the autonomous regulations in the daily work of government cadres, especially leading cadres, unify their thinking, raise their awareness, and thoroughly understand the provisions of the autonomous regulations. Firmly establish the consciousness of administering and handling affairs according to law, enhance the consciousness of ethnic autonomy and the consciousness and initiative of implementing autonomous regulations, actively safeguard the authority of autonomous regulations, and effectively serve the all-round economic and social development of ethnic autonomous areas. China is a multi-ethnic country and there are six ethnic autonomous counties in our province. Therefore, Party schools at all levels should increase the courses of regional ethnic autonomy system, give new leading cadres and cadres knowledge of ethnic theory and regional ethnic autonomy system, enhance the awareness of cadres, especially leading cadres, and firmly establish the concept of regional ethnic autonomy.

(2) Higher authorities should enhance their understanding of the system of regional ethnic autonomy and give more policy support and help to ethnic autonomous areas.

The system of regional ethnic autonomy is an important political system in China, and the autonomous regulations of ethnic autonomous areas are also an integral part of China's socialist legal system. Whether the Regulations on Autonomy in National Autonomous Areas is implemented well depends on the support and help of superiors to some extent. Provincial governments and relevant departments should enhance their understanding of the system of regional ethnic autonomy, give full consideration to the factors and reality of ethnic autonomous areas in decision-making and decision-making, give more preferential policy support and help to ethnic autonomous areas, and increase policy support to ethnic autonomous areas, so as to make them have better and faster development space. In infrastructure construction projects, it should be implemented in accordance with the provisions of the second paragraph of Article 20 of the Several Provisions on the Implementation of the Law on Regional Ethnic Autonomy in People's Republic of China (PRC) Province, so as to alleviate the pressure of financial matching funds in ethnic autonomous areas and make ethnic autonomous areas get rid of the shackles of financial matching funds and carry out economic construction freely.

(3) Vigorously cultivate and use minority cadres in ethnic autonomous areas.

Doing a good job in training, selecting and using ethnic minority cadres, and building a team of high-quality ethnic minority cadres who are politically firm, professionally proficient, good at leading and uniting ethnic minorities and deeply supported by ethnic minority people are the needs of accelerating economic and social development, promoting ethnic unity and maintaining social stability in ethnic autonomous areas, the key to solving ethnic problems and doing a good job in ethnic work, and a long-term and fundamental event. Therefore, governments at all levels should correctly understand the significance of training, selecting and using ethnic minority cadres in the new period, further improve the selection system of ethnic minority cadres, boldly select more outstanding ethnic minority cadres, especially young cadres, to take leadership positions through various channels and forms, fully trust them, let them use them freely, and create more favorable space and conditions for their rapid growth. When recruiting civil servants, a certain proportion or quota should be set aside from 40% of the minority recruitment quota to recruit local minority cadres, so as to ensure the training of local minority cadres and strive to change the current situation of the number of minority cadres in ethnic autonomous areas in our province being reduced, the proportion declining, aging, lack of reserves and insufficient total.

(4) Establish a scientific and long-term ecological compensation mechanism as soon as possible.

Building the goal of ecological civilization and protecting the safety of ecological environment are the basic requirements for building an international tourist island and an ecological province. It is necessary to establish a scientific long-term mechanism for ecological compensation as soon as possible, incorporate ecological compensation funds into financial budget arrangements, improve compensation standards and scope, establish systems for ecological compensation principles, standards, objects, methods and compensation funds, directly compensate farmers in ethnic autonomous areas as ecological compensation objects, and effectively establish a scientific long-term compensation mechanism to provide institutional and institutional guarantee for ecological civilization construction and ecological environment protection in ethnic autonomous areas.

(5) Make necessary amendments to the autonomous regulations.

The Regulations on Autonomy in National Autonomous Areas has been implemented for many years since it was revised in 2005. At present, some regulations are outdated, no longer meet the needs of social development, lag behind the new policies and regulations, and have lost their actual effect. The governments of ethnic autonomous areas should make appropriate amendments to the autonomous regulations.

(six) to carry out law enforcement inspection of ethnic laws and regulations.

In order to further promote the implementation of the system of regional ethnic autonomy and better implement ethnic laws and regulations, it is suggested that the Standing Committee of the Provincial People's Congress conduct law enforcement inspections on the implementation of the Law on Regional Ethnic Autonomy in Hainan Province and the implementation of ethnic laws and regulations next year.

Hope to adopt