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全国人民代表大会常务委员会关于修改《中华人民共和国民族区域自治法》的决定 附:修正本 Decision of the Standing Committee of the National People

2009-03-24 法律英语 来源:互联网 作者:

  Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, the people of various nationalities in the autonomous areas shall, together with the people of the whole country, adhere to the people's democratic dictatorship and to the policy of reform and opening to the outside world, march along the road of constructing socialism with Chinese characteristics, concentrate their efforts on the socialist modernization drive, develop the socialist market economy, foster the development of socialist democracy and the socialist legal system, enhance socialist cultural and ideological progress, speed up the economic and cultural development of the national autonomous areas, word towards their unity and prosperity and strive for the common prosperity of all the nationalities and for the transformation of China into a prosperous, powerful, democratic and culturally advanced socialist country.

  The“Law of the People's Republic of China on Regional National Autonomy ”is the basic law for the implementation of the system of regional national autonomy prescribed in the Constitution.

  Chapter I

  General Provisions

  Article 1 The Law of the people's Republic of China on Regional National Autonomy is formulated in accordance with the Constitution of the people's Republic of China.

  Article 2 Regional autonomy shall be practiced in areas where minority nationalities live in concentrated communities.

  National autonomous areas shall be classified into autonomous regions autonomous prefectures and autonomous counties.

  All national autonomous areas are integral parts of the People's Republic of China.

  Article 3 Organs of self-government shall be established in national autonomous areas as local organs of the State power at a particular level.

  The organs of self-government of national autonomous areas shall apply the principle of democratic centralism.

  Article 4 The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of the State as specified in Section 5 of Chapter Ⅲ of the Constitution. At the same time, they shall exercise the power of autonomy within the limits of their authority as prescribes by the Constitution, by this L

aw and other laws, and implement the laws and policies of the State in the light of existing local conditions.

  The organs of self-government of autonomous prefectures shall exercise the functions and powers of local State organs over cities divided into districts and cities with counties under theirs jurisdiction and, at the same time, exercise the power of autonomy.

  Article 5 The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the Constitution and other laws are observed and implemented in these areas.

  Article 6 The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated effort to promote socialist modernization.

  On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural development of these areas.

  Under the guidance of State plans and on the basis of actual conditions, the organs of self-government of national autonomous areas shall steadily increase labor productivity and economic results, develop social productive forces and gradually raise the material living standards of the people of the various nationalities.

  The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures, build socialist society with an advanced culture and ideology and with national characteristics, and steadily raise the socialist consciousness and scientific and cultural levels of the people of the various nationalities.

  Article 7 The organs of self-government of national autonomous areas shall place the interests of the State as a whole above anything else and male positive efforts to fulfill the tasks assigned by State organs at higher levels.

  Article 8 State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of national autonomous areas and shall, in accordance with the characteristics and needs of these areas strive to help them speed up their socialist construction.

  Article 9 State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the socialist relationship of equality, unity and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality shall be prohibited; any act that undermines the unity of the nationalities or instigates national division shall also be prohibited.

  Article 10 The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.

  Article 11 The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various nationalities.

  Article 11 The organs of self-government of national of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various nationalities.

  No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they discriminate against citizens who believe in ,or do not believe in, any religion.

  The State shall protect normal religious activities.

  No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State.

  Religious bodies and religious affairs shall not be subject to any foreign domination.

  Chapter Ⅱ

  Establishment of Nat

ional Autonomous Areas and the Structure of the Organs of Self-government

  Article 12 Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local conditions such as the relationship among the various nationalities and the level of economic development, and with due consideration for historical background.

  Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities live in concentrated communities.

  Some residential areas and towns of the Han nationality or other nationalities may be in a national autonomous area in consideration of actual local conditions.

  Article 13 With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality and the name of the nationality and the administrative status, in that order.

  Article 14 The establishment of national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed by the State organ at the nest higher level jointly with the State organ in the relevant locality, after full consultation with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed by law.

  Once established, no national autonomous area may, without legal procedures, be abolished or merged. One defined, no boundaries of a national autonomous area may, without legal procedures, be altered, Where abolition or merger or alteration is really required, it shall be proposed by the relevant department of the State organ at the next higher lever after full consultation with the organ of self-government of the national autonomous area before it is submitted for approval according to legal procedures.

  Article 15 The organs of self-government of national autonomous areas shall be the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties.

  The people's governments of national autonomous areas shall be responsible to and report on their work to the people's congresses at corresponding levels and to the administrative organs of the State at the next higher level. When the people's congresses at corresponding levels are not in session, they shall be responsible to and report on their work to the standing committees of these people's congresses, The people's governments of all national autonomous areas shall be administrative organs of the State under the unified leadership of the State Council and shall be subordinate to it .

  The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas' regulations on the exercise of autonomy or separate regulations, in accordance with the Constitution and other laws.

  Article 16 In the people's congress of a national autonomous areas, in addition to the deputies from the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.

  The number and proportion of deputies to the people's congress of a national autonomous area from the national exercising regional autonomy and from the other minority nationalities shall be decided upon by the standing committee o

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