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中华人民共和国民族区域自治法 Law of the Peoples Republic of China on Regional National Autonomy

2009-03-24 法律英语 来源:互联网 作者:
overnment of national autonomous areas may pursue foreign economic and trade activities and may, with the approval of the State Council, open foreign trade ports.

  National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council

.

  While conducting foreign economic and trade activities, the organs of self-government of the national autonomous areas shall enjoy preferential treatment by the state with regard to the proportionof foreign exchange retained by them and in other respects.

  Article 33 The finance of a national autonomous area constitutes a particular level of finance and is a component of state finance.

  The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used by the organs of self-government of these areas on their own.

  The revenues and expenditures of national autonomous areas shall be specified by the State Council on the principle of giving preferential treatment to such areas.

  In accordance with stipulations concerning the state financial system, if the revenjues of a national autonomous area exceed its exceed its expenditures, a fixed amount of the surplus shall be delivered to the financial department at a higher level. Once fixed, the amount to be delivered may remain unchanged for several years. If the expenditures of a national autonomous area exceed its revenues, a subsidy shall be granted by the financial department at a higher level.

  A national autonomous area shall, in accordance with state stipulations, lay aside a reserve fund for expenditure in its budget. The proportion of the reserve fund in its budget shall be higher than that in the budgets of other areas.

  While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra income and savings from expenditures at its own discretion.

  Article 34 In accordance with the principles set by the state and in the light of local conditions, the organs of self-government of national autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure, the sizes of the staff and the quotas of work for their respective areas. The supplementary provisions and concrete procedures worked out by autonomous regions shall be reported to the State Council for the record; those worked out by autonomous prefectures and autonomous counties shall be reported to the people's governments of the relevant provinces or autonomous regions for approval.

  Article 35 While implementing the tax laws of the state, the organs of self-government of national autonomous areas may grant tax exemptions or reductions for certain items of local financial income which should be encouraged or given preferential consideration in taxation, in addition to items on which tax reduction or exemption requires unified examination and approval by the state. The decisions of autonomous prefectures and autonomous counties on tax reduction and exemption shall be reported to the people's governments of the relevant provinces or autonomous regions for approval.

  Article 36 In accordance with the guidelines of the state on education and with the relevant stipulations of the law, the organs of self-government of national autonomous areas shall decide on plans for the development of education in these areas, on the establishment of various kinds of schools at different levels, and on their educational system, forms, curricula, the language used in instruction and enrollment procedures.

  Article 37 The organs of self-government of national autonomous areas shall independently develop education for the nationalities by eliminating illiteracy, setting up various kinds of schools, spreading compulsory primary education, developing secondary education and establishing specialized schools for the nationalities, such as teachers' schools, secondary technical schools, vocational schools and institutes of nationalities to tra

in specialized personnel from among the minority nationalities.

  The organs of self-government of national autonomous areas may set up public primary schools and secondary schools, mainly boarding schools and schools providing subsidies, in pastoral areas and economically underdeveloped, sparsely populated mountain areas inhabited by minority nationalities.

  schools where most of the students come from minority nationalities should, whenever possible, use textbooks in their own languages and use these languages as the media of instruction. Classes for the teaching of Chinese (the Han language) shall be opened for senior grades of primary schools or for secondary schools to popularize putonghua, the common speech based on Beijing pronunciation.

  Article 38 The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing, radio broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the nationalities.

  The organs of self-government of national autonomous areas shall collect, sort out, translate and publish books of the nationalities and protect the scenic spots and historical sites in their areas, their precious cultural relics and their other important historical and cultural legacies.

  Article 39 The organs of self-government of national autonomous areas shall make independent decisions on local plans for developing science and technology and spreading knowledge of science and technology.

  Article 40 The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local medical and health services and for advancing both modern medicine and the traditional medicine of the nationalities.

  The organs of self-government of national autonomous areas shall see to a more effective prevention and treatment of endemic diseases, provide better protection for the health of women and children, and improve sanitary conditions.

  Article 41 The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional sports of the nationalities and improve the physical fitness of the people of the various nationalities.

  Article 42 The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with other areas in education, science and technology, culture and art, public health, sports, etc.

  In accordance with relevant state provisions, the organs of self-government of autonomous regions and autonomous prefectures may conduct exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc.

  Article 43 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures for control of the transient population.

  Article 44 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions, work out measures for family planning.

  Article 45 The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological environment and shall prevent and control pollution and other public hazards.

  Chapter IV

  The People's Courts and People's Procuratorates of National Autonomous Areas

  Article 46 The people's courts and people's procuratorates of national autonomous areas shall be responsible to the people's congresses at corresponding levels and their standing committees. The people's procuratorates of national autonomous areas shall also be responsible to the people's procuratorates at higher level.

  The administration of justice by the people's courts of national autonomous areas shall be supervised by the Supre

me People's Court and by people's courts at higher levels. The work of the people's procuratorates of national autonomous areas shall be directed by the Supreme People's Procuratorate and by people's procuratorates at higher levels.

  Members of the leadership and of the staff of the people's court and of the people's procuratorate of a national autonomous area shall include people from the nationality exercising regional autonomy in that area.

  Article 47 In the prosecurion and trial of cases, the people's courts and people's procuratorates of national autonomous areas shall use the language commonly used in the locality. They shall guarantee that citizens of the various nationalities enjoy the right to use the spoken and written languages of their own nationalities in court proceedings. The people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality. Legal documents should be written, according to actual needs, in the language or languages commonly used in the locality.

  Chapter V

  Relations Among Nationalities Within a National Autonomous Area

  Article 48 The organ of self-government of a national autonomous area shall guarantee equal rights for the various nationalities in the area.

  The organ of self-government of a national autonomous area shall unite the cadres and masses of the various nationalities and give full play to their ini

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