The Law on Regional Ethnic Autonomy was enacted
Regional ethnic autonomy is a basic policy of the Party for resolving ethnic issues on the mainland. In 1984, the National People's Congress formulated the Law of the People's Republic of China on Regional Ethnic Autonomy in accordance with the provisions of the Constitution, marking a new period in the implementation of the mainland's regional ethnic autonomy system.
The Law on Regional Ethnic Autonomy has undergone a long period of preparation. Since 1955, the Nationalities Committee of the National People's Congress has been drafting this law. In 1980, Ye Jianying proposed at the Third Session of the Fifth National People's Congress that "ethnic legislation should be strengthened." The Party Central Committee approved the establishment of a drafting group for the Law on Regional Ethnic Autonomy chaired by Ulanfu, vice chairman of the Standing Committee of the National People's Congress, to lead the drafting of the Law on Autonomy. In September 1982, the Fifth Session of the Fifth National People's Congress revised the Constitution, making a series of important amendments and supplements to the administrative status and autonomy of regional ethnic autonomy, which provided a legal basis for the formulation of the Law on Regional Ethnic Autonomy. The drafting group, organized by the Npc Ethnic Affairs Committee as the main organization, has done a great deal of preparatory work, has repeatedly visited some ethnic autonomous areas and relevant provinces to conduct investigations and studies, extensively solicited the opinions of all provinces, autonomous regions, and municipalities directly under the Central Government, autonomous prefectures, autonomous counties, and relevant ministries and commissions of the State Council. In March and May 1984, after two deliberations and amendments by the Standing Committee of the National People's Congress, it was adopted by the Second Session of the Sixth National People's Congress on May 31, 1984, and the President of the People's Republic of China issued a presidential decree on the same day to promulgate it, and came into effect from October 1, 1984.
The Law on Regional Ethnic Autonomy is divided into 8 parts and 67 articles. It is not only a basic law on the structure of the state, but also a comprehensive law covering a wide range of fields such as politics, economy and culture, and a legalization of the Party's ethnic policy and the system of regional autonomy for ethnic minorities. It was formulated on the basis of the four cardinal principles, the provisions of the Constitution on regional ethnic autonomy, and the experience of implementing the policy of regional ethnic autonomy over the past 30 years. It makes detailed provisions in the form of law on the administrative status of national autonomous areas, the right of autonomy of national organs of self-government, the relations between the State and ethnic autonomous areas, and the relations between various nationalities within ethnic autonomous areas.
The Law on Regional Ethnic Autonomy fixes regional ethnic autonomy in the form of the Basic Law, and realizes the trinity of institutionalization, policyization, and legalization of regional ethnic autonomy on the mainland. Its formulation is of great significance to guaranteeing the exercise of the right of self-government by all minority nationalities, to independently managing the internal affairs of their own nationalities in their own regions, to accelerating the economic and cultural development of minority nationality areas, to strengthening socialist ethnic relations of equality, unity, and mutual assistance, to consolidating the unity of the country, and to promoting the smooth development of socialist modernization.
Implementation of the Law on Regional Ethnic Autonomy
In early October 1984, the Central Propaganda Department and the United Front Work Department of the CPC Central Committee jointly issued the "Outline for propaganda of the Law of the People's Republic of China on Regional Ethnic Autonomy" and issued a circular calling on propaganda, united front work, and relevant departments in all localities to widely publicize to cadres and the masses in light of local conditions. This outline elaborates in detail on the importance of the Law on Regional Ethnic Autonomy, the tasks and guiding ideology of the Law on Regional Ethnic Autonomy, the main principles for the establishment of ethnic autonomous areas and the composition of organs of self-government, the right of autonomy of organs of self-government, the leadership and assistance of higher-level state organs over ethnic autonomous areas, the development of socialist ethnic relations, and the promotion of the common prosperity of all nationalities.
Relevant departments have actively promoted the implementation of the Law on Regional Ethnic Autonomy.
(1) A large number of new ethnic autonomous areas have been added. During this period, the State Council approved the establishment of 50 autonomous counties. By the end of 1992, China had established 159 ethnic autonomous areas, including 5 autonomous regions, 30 autonomous prefectures and 124 autonomous counties. There are 45 ethnic minorities and more than 70 million people have achieved regional ethnic autonomy. The national land area of ethnic autonomous areas accounts for 64% of the total land area of the mainland.
(2) The State Council and relevant ministries and commissions have adopted various measures to implement special policies for ethnic minority areas.
(3) The legal system of regional ethnic autonomy has been improved. Since the promulgation and implementation of the Constitution in 1982 and the Law on Regional Ethnic Autonomy, ethnic autonomous areas have stepped up efforts to formulate autonomous regulations and special regulations in accordance with the political, economic and cultural characteristics of the local ethnic groups. By the end of April 1992, 159 ethnic autonomous areas across the country had approved the implementation of 113 autonomous regulations and 71 special regulations, and 9 provinces with jurisdiction over autonomous prefectures and autonomous counties had promulgated and implemented local regulations and rules for the implementation of the Law on Regional Ethnic Autonomy, and had initially formed a system of regional ethnic autonomy laws based on the Constitution, with the Law on Regional Ethnic Autonomy as the main body, and the supporting regulations and rules of the Regional Ethnic Autonomy Law and other normative documents as branches. The main aspects of regional ethnic autonomy have been basically established.
(4) A large number of ethnic minority cadres have been trained. By the end of 1990, there were 2.19 million ethnic minority cadres in the country, and the proportion of ethnic minority cadres among national cadres increased from 4.8% in 1977 to 6.2%. There are 45,000 ethnic minority cadres at or above the deputy county and department level, and more than 3,000 ethnic minority cadres at or above the deputy department (bureau) level. There are 1.4 million professional and technical personnel of various types of ethnic minorities, accounting for 64% of the total number of ethnic minority cadres and 5.7% of the country's professional and technical personnel. These minority cadres are active in the party and government, economy, science and technology, culture, education, public health, and other fields in ethnic minority areas, and play an important role in enhancing national unity and developing national economy and culture.
(5) The Nationalities Committee of the National People's Congress, the United Front Work Department of the CPC Central Committee, and the State Nationalities Commission inspected the implementation of the Law on Regional Ethnic Autonomy. In May 1987, Peng Chong and Ngapoi Ngawang Jigme, two vice chairmen of the Standing Committee of the National People's Congress, presided over a briefing meeting and listened carefully to the reports of more than 20 ministries and commissions, including the Ministry of Finance, the Ministry of Economy and Trade, and the Ministry of Materials, on the implementation of the Law on Regional Ethnic Autonomy. Subsequently, the inspection team was organized to go to some ethnic autonomous areas for inspection.
Report on Several Important Issues Concerning Ethnic Work
In order to sum up the ethnic work since the new period, in January 1987, the United Front Work Department of the CPC Central Committee and the State Nationalities Commission submitted to the CPC Central Committee the "Report on Several Important Issues Concerning The Work of Nationalities." On April 17, the Cpc Central Committee and the State Council approved and forwarded the report. The report is divided into 6 parts.
(1) The general guiding ideology and fundamental tasks of ethnic work in the new period are: Adhere to the four cardinal principles, adhere to the basic national policy of reform, opening up, and invigorating, closely integrate with the actual conditions of minority areas and ethnic minorities, proceed from ethnic equality, ethnic unity, national progress, mutual learning, and common prosperity, take economic construction as the center, comprehensively develop the politics, economy, and culture of ethnic minorities, continuously consolidate the new type of socialist ethnic relations, and realize the common prosperity of all nationalities.
(2) Earnestly put economic work in the first place in ethnic work. In practical work, we must devote ourselves to the concretization of the major policies of the party and the state in minority areas and realize the common development of all nationalities in the development of the overall situation.
(3) Vigorously do a good job in the building of socialist spiritual civilization.
(4) Conscientiously implement the Law on Regional Ethnic Autonomy.
(5) Doing a good job in the work of mixed and scattered ethnic minorities is an important part of the party's ethnic work. In terms of economic, educational, and cultural undertakings, we should give them more care and attention so that they can develop and prosper together in the big family of nations.
(6) Strengthen the construction of nationalities committees at all levels and give full play to the role of nationalities committees.
Education and publicity on national unity and progress
In 1982, the State Nationalities Commission initiated the commendation of model collectives and exemplary individuals of national unity. By 1988, 26 provinces, autonomous regions, and municipalities directly under the Central Government had held commendation meetings for national unity. This activity has also been carried out in many autonomous prefectures, autonomous counties and prefectures, cities and counties inhabited by ethnic groups and in the diaspora. Tens of thousands of advanced collectives and advanced individuals across the country have been commended and rewarded. On this basis, from April 25 to 29, 1988, the State Council held the first National Commendation Conference for Advanced Collectives and Advanced Figures of National Unity and Progress in Beijing, commending 565 advanced collectives and 601 advanced individuals of 56 ethnic groups.
To consolidate and develop socialist ethnic relations, it is necessary not only to carry out extensive and in-depth propaganda and education on the Marxist concept of nationalities and ethnic policies among the people of all nationalities, but also to pay attention to eliminating factors that are detrimental to the reunification of the motherland and the unity of the nationalities and properly handling the frictions and disputes that occur in ethnic relations. On the whole, such problems belong to contradictions among the people, and appropriate methods should be adopted to properly handle them and resolve contradictions among nationalities in a timely manner.
Law of the People's Republic of China on Regional Ethnic Autonomy
(Adopted at the Second Session of the Sixth National People's Congress on May 31, 1984, and amended in accordance with the Decision on Amending the Law of the People's Republic of China on Regional Ethnic Autonomy of the People's Republic of China at the Twentieth Session of the Standing Committee of the Ninth National People's Congress on February 28, 2001)
Preamble
The People's Republic of China is a unified multi-ethnic state jointly created by the people of all ethnic groups in the country. Regional ethnic autonomy is the basic policy of the Communist Party of China in applying Marxism-Leninism to solve the ethnic problems on the mainland, and is a basic political system of the country.
Regional ethnic autonomy is the practice of regional autonomy under the unified leadership of the State, the establishment of organs of self-government, and the exercise of the right of autonomy in areas inhabited by ethnic minorities. The practice of regional ethnic autonomy embodies the spirit of the State's full respect for and protection of the right of all ethnic minorities to manage their own internal affairs, and embodies the State's adherence to the principle of equality, unity and common prosperity of all ethnic groups.
The practice of regional ethnic autonomy has played a tremendous role in giving play to the enthusiasm of the people of all nationalities in being masters of their own affairs, in developing socialist ethnic relations characterized by equality, unity, and mutual assistance, in consolidating the unity of the country, and in promoting the development of the cause of socialist construction in the national autonomous areas and throughout the country. In the future, we will continue to uphold and improve the system of regional ethnic autonomy so that this system can play a greater role in the process of the country's socialist modernization.
Practice has proved that to persist in practicing regional ethnic autonomy, it is necessary to earnestly ensure that ethnic autonomous areas implement state laws and policies in accordance with the actual local conditions; it is necessary to train a large number of cadres at all levels and professional personnel and skilled workers of ethnic minorities; national autonomous areas must carry forward the spirit of self-reliance and arduous struggle, strive to develop the cause of socialist construction in their localities, and make contributions to national construction; and the state must strive to help national autonomous areas accelerate economic and cultural development in accordance with the national economic and social development plan. In the struggle to safeguard national unity, we must oppose big nationalism, mainly Han chauvinism, but also local nationalism.
The people of all nationalities in the national autonomous areas and the people of the whole country, together with the leadership of the Communist Party of China and under the guidance of Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory, uphold the people's democratic dictatorship, persist in reform and opening up, follow the road of building socialism with Chinese characteristics, concentrate their efforts on socialist modernization, develop the socialist market economy, strengthen the building of socialist democracy and the legal system, strengthen the building of socialist spiritual civilization, accelerate the economic and cultural development of national autonomous areas, and build unity. Prosperous national autonomous areas strive for the common prosperity of all nationalities and for building the motherland into a prosperous, strong, democratic, and civilized socialist country.
The Law of the People's Republic of China on Regional Ethnic Autonomy is the basic law for the implementation of the system of regional ethnic autonomy stipulated in the Constitution.
Chapter I General Provisions
Article 1: The Law of the People's Republic of China on Regional Ethnic Autonomy is formulated on the basis of the Constitution of the People's Republic of China.
Article 2: Regional autonomy is to be exercised in areas where ethnic minorities are concentrated.
Ethnic autonomous areas are divided into autonomous regions, autonomous prefectures and autonomous counties.
All ethnic autonomous areas are inseparable parts of the People's Republic of China.
Article 3 Organs of self-government shall be established in ethnic autonomous areas, which are organs of local power at the first level of the State.
The organs of self-government of national autonomous areas practice the principle of democratic centralism.
Article 4 The organs of self-government of ethnic autonomous areas exercise the functions and powers of local state organs as provided for in Chapter III, Section 5 of the Constitution, and at the same time exercise the right of autonomy in accordance with the authority prescribed by the Constitution, this Law and other laws, and implement the laws and policies of the State in accordance with the actual conditions of the locality.
The organs of self-government of autonomous prefectures exercise the functions and powers of the local state organs of the cities under the districts and counties under them, and at the same time exercise the right of autonomy.
Article 5 The organs of self-government of ethnic autonomous areas must safeguard the unity of the State and ensure the observance and enforcement of the Constitution and laws in their respective localities.
Article 6 The organs of self-government of ethnic autonomous areas shall lead the people of all nationalities in concentrating their efforts on socialist modernization.
The organs of self-government of ethnic autonomous areas have the right to adopt special policies and flexible measures in accordance with the local conditions and without violating the principles of the Constitution and laws to accelerate the development of the economic and cultural construction undertakings of ethnic autonomous areas.
Under the guidance of the State plan, the organs of self-government of national autonomous areas, proceeding from reality, continuously raise labor productivity and economic efficiency, develop social productive forces, and gradually raise the material living standards of all nationalities.
The organs of self-government of national autonomous areas inherit and carry forward the fine traditions of national culture, build a socialist spiritual civilization with national characteristics, and continuously raise the socialist consciousness and scientific and cultural level of the people of all nationalities.
Article 7 The organs of self-government of ethnic autonomous areas shall give top priority to the overall interests of the State and actively fulfill all tasks assigned to them by the state organs at higher levels.
Article 8 The organs of self-government at a higher level shall ensure that the organs of self-government of the national autonomous areas exercise their right of self-government, and shall, in accordance with the characteristics and needs of the national autonomous areas, strive to help the national autonomous areas to accelerate the development of the cause of socialist construction.
Article 9 The organs of government organs at higher levels and the organs of self-government of ethnic autonomous areas shall safeguard and develop socialist ethnic relations of equality, unity and mutual assistance among all nationalities. Discrimination and oppression against any ethnic group, undermining national unity and creating national divisions are prohibited.
Article 10 The organs of self-government of ethnic autonomous areas shall guarantee that all ethnic groups in their respective localities have the freedom to use and develop their own language and writing, and that they all have the freedom to maintain or reform their own customs and habits.
Article 11: The organs of self-government of ethnic autonomous areas guarantee freedom of religious belief for citizens of all ethnic groups.
No state organ, social group or individual may compel citizens to believe in religion or not to believe in religion, and must not discriminate against citizens who believe in religion or citizens who do not believe in religion.
The State protects normal religious activities.
No one may use religion to carry out activities that disrupt social order, harm the health of citizens or obstruct the State education system.
Religious groups and religious affairs are not subject to foreign domination.
Chapter II: Establishment of National Autonomous Areas and Composition of Organs of Self-Government
Article 12: Where ethnic minorities live in clusters, autonomous areas based on one or more ethnic minority settlements may be established on the basis of local ethnic relations, economic development, and other such conditions, and taking into account historical circumstances.
Where other ethnic minorities live in ethnic autonomous areas, establish corresponding autonomous areas or ethnic townships.
Ethnic autonomous areas may, on the basis of the actual local conditions, include some residential areas and towns of the Han nationality or other ethnic groups.
Article 13: Except in special circumstances, the names of ethnic autonomous areas are composed in the order of local names, ethnic names, and administrative status.
Article 14: The establishment of ethnic autonomous areas, the division of regional boundaries, and the composition of names are to be drafted by the state organs at a higher level in conjunction with the state organs of the relevant localities and the representatives of the relevant ethnic groups, and shall be submitted for approval in accordance with the procedures prescribed by law.
Once a national autonomous area has been established, it may not be revoked or merged without legal procedures; once the regional boundaries of a national autonomous area have been determined, it may not be changed without legal procedures; where it is truly necessary to revoke, merge or change, it shall be fully consulted and drafted by the relevant departments of the state organ at a higher level and the organ of self-government of the national autonomous area, and shall be submitted for approval in accordance with the legal procedures.
Article 15 The organs of self-government of ethnic autonomous areas are the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties.
The people's governments of ethnic autonomous areas shall be responsible for and report on their work to the people's congresses at their respective levels and to the State administrative organs at the level above, and to the standing committee of the people's congresses at the same level when the people's congresses at the same level are not in session and report on their work. The people's governments of all ethnic autonomous areas are all state administrative organs under the unified leadership of the State Council and are subordinate to the State Council.
The organization and work of the organs of self-government of ethnic autonomous areas shall be prescribed by the regulations of self-government or special regulations of ethnic autonomous areas in accordance with the Constitution and laws.
Article 16 In the people's congresses of ethnic autonomous areas, in addition to the representatives of the ethnic groups exercising regional autonomy, other ethnic groups residing in their respective administrative regions shall also have an appropriate number of deputies.
In the people's congresses of ethnic autonomous areas, the number and proportion of representatives of ethnic minorities exercising regional autonomy shall be decided by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the principles prescribed by law, and shall be reported to the Standing Committee of the National People's Congress for the record.
The standing committee of the people's congress of a national autonomous area shall have citizens of ethnic groups exercising regional autonomy serve as chairmen or vice chairmen.
Article 17: The chairman of an autonomous region, the governor of an autonomous prefecture, and the county magistrate of an autonomous county shall be a citizen of an ethnic group exercising regional autonomy. Other constituent members of the people's governments of autonomous regions, autonomous prefectures, and autonomous counties shall reasonably allocate personnel of ethnic and other ethnic minorities exercising regional autonomy.
The people's governments of ethnic autonomous areas implement the responsibility system of the chairman of the autonomous region, the governor of the autonomous prefecture, and the county chief of the autonomous county. The chairman of the autonomous region, the governor of the autonomous prefecture, and the county magistrate of the autonomous county shall respectively preside over the work of the people's government at the same level.
Article 18: Cadres of the work departments under the organs of self-government of ethnic autonomous areas shall be reasonably equipped with personnel of ethnic and other ethnic minorities exercising regional autonomy.
Chapter III: The Right of Autonomy of the Organs of Self-Government
Article 19: The people's congresses of ethnic autonomous areas have the right to formulate autonomous regulations and special regulations in accordance with the political, economic and cultural characteristics of the local ethnic groups. Autonomous regulations and special regulations of the autonomous region shall take effect after being submitted to the Standing Committee of the National People's Congress for approval. The autonomous regulations and special regulations of autonomous prefectures and autonomous counties shall take effect after being reported to the standing committee of the people's congress of the province, autonomous region, or municipality directly under the Central Government for approval, and shall be reported to the Standing Committee of the National People's Congress and the State Council for the record.
Article 20: Where resolutions, decisions, orders, and instructions of a higher-level state organ are not suitable for the actual situation of the ethnic autonomous area, the organ of self-government may report to the higher-level state organ for approval, flexibly implement it, or suspend its implementation; the higher-level state organ shall give a reply within 60 days of receiving the report.
Article 21: When performing their duties, the organs of self-government of ethnic autonomous areas shall, in accordance with the provisions of the regulations on the autonomy of their own ethnic autonomous areas, use one or more of the languages commonly used in the locality;
Article 22 The organs of self-government of ethnic autonomous areas shall, in accordance with the needs of socialist construction, adopt various measures to train a large number of cadres at all levels, all kinds of scientific and technological, management and other professional personnel and technical workers from local ethnic groups, give full play to their role, and pay attention to cultivating cadres at all levels and all kinds of professional and technical personnel among ethnic minority women.
When recruiting staff, the organs of self-government of ethnic autonomous areas shall give due consideration to the personnel of ethnic and other ethnic minorities exercising regional autonomy.
The organs of self-government of ethnic autonomous areas may adopt special measures to give preferential treatment and encourage all kinds of professionals to participate in all aspects of the construction work of the autonomous areas.
Article 23: When enterprises and public institutions in ethnic autonomous areas recruit personnel in accordance with State regulations, priority is given to recruiting ethnic minority personnel, and may be recruited from among the ethnic minority population in rural and pastoral areas.
Article 24: Organs of self-government in ethnic autonomous areas may, in accordance with the military system of the State and the actual needs of the localities, and with the approval of the State Council, organize public security forces in their respective localities to maintain public order.
Article 25 Under the guidance of the State plan, the organs of self-government of national autonomous areas shall, in accordance with the characteristics and needs of their respective localities, formulate guidelines, policies and plans for economic construction, and independently arrange and manage local economic construction undertakings.
Article 26 The organs of self-government of national autonomous areas shall, on the premise of adhering to the principles of socialism, rationally adjust the relations of production and economic structure in accordance with the provisions of law and the characteristics of the economic development of their respective localities, and strive to develop the socialist market economy.
The organs of self-government of ethnic autonomous areas adhere to the basic economic system with public ownership as the mainstay and the common development of economies under various ownership systems, and encourage the development of the non-public ownership economy.
Article 27: The organs of self-government of ethnic autonomous areas shall, in accordance with the provisions of law, determine the ownership and use rights of grasslands and forests within that locality.
The organs of self-government of ethnic autonomous areas protect and construct grasslands and forests, and organize and encourage the planting of trees and grasses. It is forbidden for any organization or individual to use any means to destroy grasslands and forests. It is strictly forbidden to reclaim arable land in grasslands and forests.
Article 28 The organs of self-government of ethnic autonomous areas shall, in accordance with the provisions of law, manage and protect the natural resources of their respective territories.
The organs of self-government of ethnic autonomous areas shall, in accordance with the provisions of the law and the unified planning of the State, give priority to the rational development and utilization of natural resources that can be exploited by the localities.
Article 29 Under the guidance of the State plan, the organs of self-government of ethnic autonomous areas shall, on the basis of their local financial and material resources and other specific conditions, independently arrange local capital construction projects.
Article 30 The organs of self-government of ethnic autonomous areas shall autonomously manage enterprises and undertakings subordinate to that locality.
Article 31: Ethnic autonomous areas may, in accordance with the provisions of the State, carry out foreign economic and trade activities and, with the approval of the State Council, open ports for foreign trade.
Ethnic autonomous areas bordering foreign countries shall carry out border trade with the approval of the State Council.
Ethnic autonomous areas enjoy preferential policies of the State in their foreign economic and trade activities.
Article 32 The finances of ethnic autonomous areas are first-level finances and an integral part of the State finances.
The organs of self-government of national autonomous areas shall have the right of autonomy in the management of local finances. All financial revenues belonging to national autonomous areas in accordance with the state financial system shall be arranged and used by the organs of self-government of the national autonomous areas on their own.
Under the unified financial system of the whole country, ethnic autonomous areas enjoy the care of higher levels of finance through the standardized fiscal transfer payment system implemented by the State.
In accordance with the provisions of the State, the financial budget expenditure of ethnic autonomous areas shall be set up with mobile funds, and the proportion of reserve expenses in the budget shall be higher than that of ordinary areas.
In the course of implementing the financial budget, the organs of self-government of national autonomous areas shall arrange for the use of surplus funds from revenues and expenditures.
Article 33: The organs of self-government of ethnic autonomous areas may formulate supplementary provisions and specific measures for the various expenditure standards, quotas, and quotas of their respective localities on the basis of the principles prescribed by the State and in light of the actual conditions of the locality. Supplementary provisions and specific measures formulated by autonomous regions shall be reported to the State Council for the record; supplementary provisions and specific measures formulated by autonomous prefectures and autonomous counties shall be reported to the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for approval.
Article 34 When implementing the State Tax Law, the organs of self-government of ethnic autonomous areas may, except for tax reduction and exemption items that should be uniformly examined and approved by the State, take into account and encourage certain taxation needs that belong to local fiscal revenue from the perspective of taxation, and may implement tax reduction or exemption from taxation. The decision of an autonomous prefecture or autonomous county to reduce taxes or exempt taxes must be reported to the people's government of the province, autonomous region or municipality directly under the Central Government for approval.
Article 35: Ethnic autonomous areas may, on the basis of the needs of their own local economic and social development, establish local commercial banks and urban-rural credit cooperative organizations in accordance with the provisions of law.
Article 36 The organs of self-government of ethnic autonomous areas shall, in accordance with the State's educational policy and in accordance with the provisions of law, decide on the educational plans of their respective localities, on the establishment, system of study, forms of running schools, teaching contents, teaching language and enrollment methods for all types of schools at all levels.
Article 37: The organs of self-government of ethnic autonomous areas independently develop ethnic education, eradicate illiteracy, establish schools of all kinds, popularize nine-year compulsory education, adopt various forms to develop general senior secondary education and secondary vocational and technical education, develop higher education in accordance with conditions and needs, and cultivate professional talents of all ethnic minorities.
The organs of self-government of ethnic autonomous areas shall set up public ethnic primary schools and ethnic middle schools in ethnic minority pastoral areas and mountainous areas inhabited by ethnic minorities with economic difficulties and scattered residences, mainly for boarding and financial aid, so as to ensure that students complete their studies in the compulsory education stage. The funds for running the school and the bursaries shall be settled by the local finance, and if the local financial difficulties are in place, the higher level finance shall give subsidies.
Schools (classes) and other educational institutions that recruit ethnic minority students as the main body shall, where conditions permit, adopt textbooks in minority languages and give lectures in minority languages; as appropriate, open Chinese language courses from the lower or higher grades of primary schools, and promote putonghua and standardized Chinese characters common throughout the country.
People's governments at all levels should financially support the compilation and publication of textbooks and publications in the languages of ethnic minorities.
Article 38 The organs of self-government of ethnic autonomous areas shall independently develop literary, artistic, press, publishing, radio, film, television and other national cultural undertakings with ethnic forms and national characteristics, increase input into cultural undertakings, strengthen the construction of cultural facilities, and accelerate the development of various cultural undertakings.
The organs of self-government of ethnic autonomous areas organize and support relevant units and departments in collecting, sorting, translating, and publishing books on ethnic history and culture, protecting national scenic spots, historical relics, precious cultural relics, and other important historical and cultural heritage, and inheriting and developing outstanding traditional ethnic culture.
Article 39 The organs of self-government of ethnic autonomous areas shall independently decide on their own plans for the development of science and technology and popularize scientific and technological knowledge.
Article 40 The organs of self-government of ethnic autonomous areas shall independently decide on the development plans for the medical and health undertakings of their respective localities and develop modern medicine and traditional ethnic medicine.
The organs of self-government of ethnic autonomous areas have strengthened the prevention and control of infectious and endemic diseases and the health care of women and children, and improved medical and health conditions.
Article 41 The organs of self-government of ethnic autonomous areas shall independently develop sports undertakings, carry out traditional ethnic sports activities, and strengthen the physical fitness of the people of all ethnic groups.
Article 42: The organs of self-government of ethnic autonomous areas actively carry out exchanges and cooperation with other localities in areas such as education, science and technology, culture and art, public health, and sports.
The organs of self-government of autonomous regions and autonomous prefectures may, in accordance with state regulations, conduct exchanges with foreign countries in areas such as education, science and technology, culture and art, public health, and sports.
Article 43: The organs of self-government of ethnic autonomous areas shall, in accordance with the provisions of law, formulate measures for the management of floating populations.
Article 44: Ethnic autonomous areas carry out family planning and eugenics, raising the quality of the population of all ethnic groups.
The organs of self-government of ethnic autonomous areas shall, in accordance with the provisions of law and in light of the actual conditions of the localities, formulate measures for the implementation of family planning.
Article 45: The organs of self-government of ethnic autonomous areas protect and improve the living environment and the ecological environment, prevent and control pollution and other public hazards, and bring about the coordinated development of population, resources, and the environment.
Chapter IV: People's Courts and People's Procuratorates in Ethnic Autonomous Areas
Article 46: The people's courts and people's procuratorates of ethnic autonomous areas are responsible to the people's congresses at the same level and their standing committees. The people's procuratorates of ethnic autonomous areas are also responsible to the people's procuratorates at higher levels.
The adjudication work of the people's courts of ethnic autonomous areas is subject to the supervision of the Supreme People's Court and the people's court at a higher level. The work of the people's procuratorates in ethnic autonomous areas is under the leadership of the Supreme People's Procuratorate and the people's procuratorate at a higher level.
Among the leading members and staff of the people's courts and people's procuratorates of ethnic autonomous areas, there shall be personnel of ethnic groups exercising regional autonomy.
Article 47: People's courts and people's procuratorates in ethnic autonomous areas shall hear and prosecute cases in the common local language, and reasonably allocate personnel who are fluent in the local minority languages. Participants in the proceedings who do not know the common local language should be provided with an interpreter. Legal instruments shall, according to actual needs, use one or more of the common local languages. Citizens of all ethnic groups are guaranteed the right to use their own languages and scripts for litigation.
Chapter V Ethnic Relations within Ethnic Autonomous Areas
Article 48 The organs of self-government of ethnic autonomous areas shall ensure that all ethnic groups in their respective localities enjoy equal rights.
The organs of self-government of national autonomous areas unite the cadres and masses of all nationalities, fully mobilize their enthusiasm, and jointly build national autonomous areas.
Article 49 The organs of self-government of ethnic autonomous areas shall educate and encourage cadres of all nationalities to learn each other's languages and scripts. Cadres of the Han nationality should study the language and writing of the local minority nationalities, and while studying and using the language and script of their own ethnic groups, they should also learn putonghua and standardized script common throughout the country.
State functionaries in ethnic autonomous areas who are proficient in using two or more common local languages shall be rewarded.
Article 50:The organs of self-government of ethnic autonomous areas shall assist other ethnic minorities living in their respective localities in establishing corresponding autonomous areas or ethnic townships.
The organs of self-government of ethnic autonomous areas shall assist the local ethnic groups in developing economic, educational, scientific and technological, cultural, public health and sports undertakings.
The organs of self-government of ethnic autonomous areas take into account the characteristics and needs of the scattered ethnic groups in their respective areas.
Article 51 When dealing with special issues concerning the various ethnic groups in their respective localities, the organs of self-government of national autonomous areas must fully consult with their representatives and respect their opinions.
Article 52 The organs of self-government of ethnic autonomous areas shall ensure that citizens of all ethnic groups in their respective localities enjoy the civil rights provided for in the Constitution and shall educate them in the performance of the duties to which citizens are entitled.
Article 53 The organs of self-government of national autonomous areas shall advocate the public virtues of loving the motherland, the people, labor, science and socialism, and shall educate citizens of all nationalities in their respective localities in patriotism, communism and ethnic policies. Educate cadres and the masses of all nationalities to trust each other, learn from each other, help each other, respect each other's language, customs, habits, and religious beliefs, and jointly safeguard the unity of the country and the unity of all nationalities.
Chapter VI Duties of Higher-Level State Organs
Article 54:The resolutions, decisions, orders, and instructions of the state organs at a higher level concerning ethnic autonomous areas shall be appropriate to the actual conditions of ethnic autonomous areas.
Article 55: State organs at a higher level shall assist and guide the study, formulation, and implementation of economic development strategies for ethnic autonomous areas, and assist all ethnic autonomous areas in accelerating the development of economic, educational, scientific and technological, cultural, public health, sports, and other such undertakings in the areas of finance, finance, materials, technology, and personnel.
The State formulates preferential policies to guide and encourage domestic and foreign funds to be invested in ethnic autonomous areas.
When formulating plans for national economic and social development, state organs at higher levels shall take into account the characteristics and needs of ethnic autonomous areas.
Article 56:On the basis of unified planning and market demand, the State gives priority to making rational arrangements for resource development projects and infrastructure construction projects in ethnic autonomous areas. The state should appropriately increase the proportion of investment and the proportion of policy bank loans in major infrastructure investment projects.
Where the State arranges infrastructure construction in ethnic autonomous areas and needs supporting funds for ethnic autonomous areas, it shall be given consideration of reducing or exempting the supporting funds according to different circumstances.
The State helps ethnic autonomous areas to accelerate the development of practical science and technology and the transformation of achievements, vigorously promote practical technologies and high and new technologies with conditions for development, and actively guide the rational flow of scientific and technological talents to ethnic autonomous areas. When the State provides transfer construction projects to ethnic autonomous areas, it shall provide advanced and applicable equipment and processes in accordance with local conditions.
Article 57:On the basis of the characteristics and needs of the economic development of ethnic autonomous areas, the State shall make comprehensive use of the money market and capital market to increase the intensity of financial support for ethnic autonomous areas. Financial institutions shall give key support to the fixed asset investment projects in ethnic autonomous areas and the reasonable capital needs of enterprises that conform to the national industrial policy in developing resources and developing various economies.
The State encourages commercial banks to increase credit investment in ethnic autonomous areas and actively support the reasonable capital needs of local enterprises.
Article 58 The state organs at a higher level shall, in the areas of finance, finance and human resources, assist enterprises in ethnic autonomous areas in carrying out technological innovation and promote the upgrading of the industrial structure.
State organs at higher levels shall organize and encourage enterprise managers and technicians in ethnic autonomous areas to study in economically developed areas, and at the same time guide and encourage enterprise managers and technicians in economically developed areas to work in enterprises in ethnic autonomous areas.
Article 59:The State establishes various special funds to support ethnic autonomous areas in developing economic and cultural construction undertakings.
No department may deduct, withhold, or misappropriate the special funds established by the State and the temporary special funds for ethnic subsidies, nor shall they be used to replace the normal budget revenues of ethnic autonomous areas.
Article 60 The state organs at a higher level shall, in accordance with the State's ethnic trade policy and the needs of the ethnic autonomous areas, give support to the commercial, supply and marketing and pharmaceutical enterprises in the ethnic autonomous areas in the fields of investment, finance, and taxation.
Article 61 The State formulates preferential policies to support ethnic autonomous areas in developing foreign economic and trade, expand the autonomy of production enterprises in ethnic autonomous areas in foreign trade operations, encourage the development of exports of local advantageous products, and implement preferential border trade policies.
Article 62 With the development of the national economy and the growth of fiscal revenue, the finance department at a higher level shall gradually increase the intensity of financial transfer payments to ethnic autonomous areas. Through general fiscal transfer payments, special fiscal transfer payments, fiscal transfer payments for preferential ethnic policies, and other methods determined by the State, increase capital investment in ethnic autonomous areas, which will be used to accelerate the economic development and social progress of ethnic autonomous areas and gradually narrow the gap with developed areas.
Article 63: State organs at higher levels shall, in the areas of investment, finance, taxation, etc., support ethnic autonomous areas in improving production conditions such as agriculture, animal husbandry, forestry, and infrastructure such as water conservancy, transportation, energy, and telecommunications; and support ethnic autonomous areas in rationally utilizing local resources to develop the production of local industries, township enterprises, small and medium-sized enterprises, and commodities and traditional handicrafts for the special needs of ethnic minorities.
Article 64:State organs at higher levels shall organize, support, and encourage economic and technical cooperation and multi-level and multi-faceted counterpart support with economically developed areas and ethnic autonomous areas, to help and promote the development of the economic, educational, scientific and technological, cultural, public health, and sports undertakings of ethnic autonomous areas.
Article 65:When developing resources and carrying out construction in ethnic autonomous areas, the State shall take care of the interests of ethnic autonomous areas, make arrangements conducive to the economic construction of ethnic autonomous areas, and take care of the production and livelihood of local ethnic minorities. The State shall take measures to compensate the national autonomous areas that export natural resources to a certain extent.
The State guides and encourages enterprises in economically developed areas to invest in ethnic autonomous areas and carry out various forms of economic cooperation in accordance with the principle of mutual benefit.
Article 66: State organs at higher levels shall include projects for comprehensive management of major ecological balance and environmental protection in ethnic autonomous areas in the national economic and social development plan, and make unified arrangements.
Where ethnic autonomous areas contribute to the ecological balance and environmental protection of the State, the State shall compensate for certain benefits.
When exploiting resources and carrying out construction in ethnic autonomous areas, any organization or individual should take effective measures to protect and improve the local living environment and ecological environment, and prevent and control pollution and other public hazards.
Article 67:When enterprises and public institutions in ethnic autonomous areas affiliated to higher-level state organs recruit personnel in accordance with State regulations, priority is given to recruiting local ethnic minority personnel.
Enterprises and public institutions in ethnic autonomous areas shall respect the autonomy of the local organs of self-government, abide by local regulations on autonomy, special regulations, and local regulations and rules, and accept the supervision of the local organs of self-government.
Article 68 A state organ at a higher level may not change the affiliation of the enterprises belonging to the ethnic autonomous area without the consent of the organ of national autonomous region self-government.
Article 69:The State and people's governments at higher levels shall increase the intensity of support for poverty-stricken areas in ethnic autonomous areas in areas such as finance, finance, materials, technology, and human resources, to help the poor to get rid of poverty as soon as possible and achieve a well-off life.
Article 70:State organs at higher levels shall assist national autonomous areas in cultivating a large number of cadres at all levels, professional personnel and skilled workers from among the local ethnic groups; and shall, in accordance with the needs of the ethnic autonomous areas, employ various forms to dispatch an appropriate number of teachers, doctors, scientific and technological and management personnel, to participate in the work of the national autonomous areas, and to give due consideration to their living conditions.
Article 71 The State shall increase investment in education in ethnic autonomous areas and adopt special measures to help ethnic autonomous areas accelerate the popularization of nine-year compulsory education and the development of other educational undertakings, and raise the scientific and cultural level of the people of all nationalities.
The State shall establish institutions of higher learning for ethnic minorities, hold ethnic classes and preparatory departments for ethnic minorities in institutions of higher learning, and may adopt the method of targeted enrollment and targeted distribution. When admitting new students to institutions of higher learning and secondary professional schools, the admission criteria and conditions for ethnic minority candidates should be appropriately relaxed, and special consideration should be given to ethnic minority candidates with a particularly small population. People's governments and schools at all levels shall employ various measures to help ethnic minority students whose families are in financial difficulty to complete their studies.
The State organizes ethnic secondary schools in developed areas or opens ethnic classes in ordinary secondary schools, and recruits ethnic minority students to carry out secondary education.
The State assists ethnic autonomous areas in training and training teachers of all nationalities. The State organizes and encourages teachers of all nationalities and graduates of all nationalities who meet the requirements for their posts to engage in education and teaching work in ethnic autonomous areas, and gives them corresponding preferential treatment.
Article 72:State organs at higher levels shall strengthen education on ethnic policies for cadres and the masses of all nationalities, and shall regularly inspect the observance and implementation of ethnic policies and relevant laws.
Chapter VII Supplementary Provisions
Article 73:The State Council and its relevant departments shall, within the scope of their authority, separately formulate administrative regulations, rules, specific measures and measures for the implementation of this Law.
The people's congresses of autonomous regions and provinces and municipalities directly under the Central Government with autonomous prefectures and autonomous counties under their jurisdiction and their standing committees shall, in the light of the actual local conditions, formulate specific measures for the implementation of this Law.
Article 74 This Law was adopted by the National People's Congress and shall enter into force on October 1, 1984.
Source: Zunyi Public Security