Xiangxi Tujia and Miao Autonomous Prefecture Overview — Regional Ethnic Autonomy (Part 3)
Section 3 Legal System Building. 1. Formulating autonomous regulations and separate regulations. Formulating autonomous regulations and separate regulations is a special right granted to ethnic autonomous areas by the Constitution and the Law on Regional Ethnic Autonomy. Xiangxi was one of the earlier places to practice regional ethnic autonomy and one of the earlier to enact what are now called separate regulations, that is, separate legal rules. For example...
This article has been compiled from historical materials in the "Zhangjiajie Tour Guide Network" (33519.com · City Overview section). Some administrative divisions, population, socioeconomic data, and policy information may be outdated and are for reference only; for the latest situation, please refer to official releases by the local government and scenic areas.
Section 3 Legal System Construction
I. Formulation of Autonomous Regulations and Separate Regulations
Formulating autonomous regulations and separate regulations is a special right granted to ethnic autonomous areas by the Constitution and the Law on Regional Ethnic Autonomy. Xiangxi was one of the earlier places to implement regional ethnic autonomy, and it was also one of the earlier places to formulate what are now called separate regulations, that is, separate legal regulations. For example, the "Organizational Regulations of the People's Government of the Xiangxi Miao Autonomous Region," adopted in August 1952 when the Xiangxi Miao Autonomous Region was established; and another example is the "Organizational Regulations of the People's Congress of the Xiangxi Miao Autonomous Prefecture of Hunan Province," formulated in April 1955 and approved by the Standing Committee of the National People's Congress in May 1956, which became closer in nature to a separate regulation.
In March 1978, the "Constitution of the People's Republic of China" was promulgated, granting the organs of self-government of ethnic autonomous areas the power to formulate autonomous regulations and separate regulations in accordance with the political, economic, and cultural characteristics of the local ethnic groups. In September 1980, the Second Meeting of the Ethnic Affairs Committee of the Fifth National People's Congress focused on discussing and arranging ethnic legislative work. In October, Xiangxi Autonomous Prefecture began formulating autonomous regulations, which were promulgated and implemented in 1986. After the 1990s, Xiangxi Autonomous Prefecture actively carried out ethnic legislative work. By June 2006, it had formulated and amended a total of 14 autonomous regulations and separate regulations, specifically:
"Autonomous Regulations of the Xiangxi Tujia and Miao Autonomous Prefecture" (formulated in 1986, amended in 2002); Regulations on the Development and Protection of Land and Resources (formulated in 1991); Regulations on the Work of Standing Committees of People's Congresses at All Levels in Supervising the People's Courts and People's Procuratorates at the Corresponding Level (formulated in 1992); Regulations on the Administration of Mineral Resources (formulated in 1995, revised in 1999); Regulations on the Protection of the Production and Operation Rights and Interests of Individual Industrial and Commercial Households and Private Enterprises (formulated in 1996); Regulations on the Administration of Telecommunications (formulated in 1996, abolished in 2006); Several Provisions on Environmental Protection (formulated in 1996, abolished in 2005); Regulations on Rural Roads (formulated in 2000); Regulations on the Protection of Drinking Water Sources in the Urban Area of Jishou City (formulated in 2000); Regulations on the Administration of River Courses (formulated in 2001); Regulations on the Protection of the Fenghuang Historical and Cultural Famous City (formulated in 2004); Regulations on the Protection of the Liye Historical and Cultural Famous Town (formulated in 2005); Regulations on Environmental Protection (formulated in 2005); Regulations on the Protection of Ethnic and Folk Cultural Heritage (formulated in 2006).
Below is a brief introduction to the formulation and content of some of these regulations.
"Autonomous Regulations of the Xiangxi Tujia and Miao Autonomous Prefecture" (hereinafter referred to as the "Autonomous Regulations"). In October 1980, the CPC Xiangxi Autonomous Prefecture Committee and the Prefecture Revolutionary Committee, in accordance with the provisions of the Constitution and the spirit of the Second Meeting of the Ethnic Affairs Committee of the Fifth National People's Congress, decided to formulate autonomous regulations and established the Prefecture Ethnic Legislation Office. After the Standing Committee of the Sixth Prefecture People's Congress was established in June 1981, responsibility for drafting the regulations was transferred to the office of the Prefecture People's Congress Standing Committee. After more than ten revisions, discussions, and reports, it was approved on July 27, 1986 by the 20th meeting of the Standing Committee of the Sixth Hunan Provincial People's Congress and came into force on September 20, 1986. The promulgation and implementation of the Autonomous Regulations fixed in the form of ethnic legislation the implementation of the Party and state policies on regional ethnic autonomy in Xiangxi Autonomous Prefecture, and played an important role in safeguarding Xiangxi Autonomous Prefecture's exercise of autonomous rights, consolidating and developing the socialist ethnic relationship of equality, unity, mutual assistance, and harmony, and promoting reform, development, stability, and poverty alleviation throughout the prefecture. As circumstances changed, it became necessary to amend the Autonomous Regulations. In April 2001, the Prefecture People's Congress Standing Committee decided to amend the Autonomous Regulations. After five drafts, with 33 amendments or additions, it was deliberated and adopted on March 29, 2002 by the Fifth Meeting of the Tenth Prefecture People's Congress, reported on June 3 to the 29th meeting of the Standing Committee of the Ninth Hunan Provincial People's Congress for approval, and came into force on July 1. Among the 30 autonomous prefectures nationwide, Xiangxi Autonomous Prefecture was the first to complete the revision of its autonomous regulations. The revised Autonomous Regulations consist of 7 chapters and 60 articles, namely 8 articles in the General Provisions, 7 articles on the Organs of Self-Government, 3 articles on the People's Courts and People's Procuratorates, 30 articles on economic and cultural construction, 6 articles on finance and banking, 3 articles on ethnic relations, and 3 articles in the Supplementary Provisions.
"Regulations of the Xiangxi Tujia and Miao Autonomous Prefecture on the Protection of the Fenghuang Historical and Cultural Famous City" (hereinafter referred to as the "Fenghuang Protection Regulations"). On April 8, 2001, Premier Zhu Rongji of the State Council inspected Fenghuang and gave important instructions on strengthening the protection and construction of the Fenghuang historical and cultural famous city. On December 17 of the same year, the State Council approved Fenghuang as a national historical and cultural famous city. In March 2003, the Fenghuang County People's Government requested the formulation of the Fenghuang Protection Regulations. After many revisions, they were adopted on February 28, 2004 by the Second Meeting of the Eleventh Prefecture People's Congress, approved on May 31 by the Ninth Meeting of the Standing Committee of the Tenth Hunan Provincial People's Congress, and came into force on July 1. The Fenghuang Protection Regulations consist of 6 chapters and 37 articles, namely 6 articles in the General Provisions, 13 articles on the protection of Fenghuang Ancient City, 5 articles on the protection of Huangsiqiao Ancient City and the Southern Great Wall, 4 articles on the protection of ethnic and folk culture, 7 articles on legal liability, and 2 articles in the Supplementary Provisions.
Regulations of Xiangxi Tujia and Miao Autonomous Prefecture on the Protection of the Liye Historic and Cultural Town (hereinafter referred to as the "Liye Protection Regulations"). In April 2002, more than 37,000 Qin bamboo slips were unearthed from Ancient Well No. 1 at the Liye Ancient City Site in Longshan County. Experts consider this "one of the most important discoveries in Chinese archaeology since the beginning of the 21st century." In November of the same year, the Liye Ancient City Site was added by the State Council to the fifth batch of Major Historical and Cultural Sites Protected at the National Level. On January 24, 2005, Liye Town was approved as a Historic and Cultural Town of Hunan Province. In August 2003, the Longshan County People's Government requested legislative protection for the ancient town of Liye. After several revisions, the Liye Protection Regulations were adopted on March 31, 2005 at the third session of the eleventh People's Congress of the prefecture, approved on May 29 by the fifteenth session of the Standing Committee of the tenth Hunan Provincial People's Congress, and came into effect on July 1. The Liye Protection Regulations consist of 6 chapters and 32 articles: 6 articles of general provisions, 8 articles on the protection of cultural relics, 8 articles on the protection of historic and cultural blocks, 4 articles on the protection of the natural environment and traditional ethnic culture, 5 articles on legal liability, and 1 article of supplementary provisions.
Regulations of Xiangxi Tujia and Miao Autonomous Prefecture on the Protection of Ethnic and Folk Cultural Heritage (hereinafter referred to as the "Folk Heritage Protection Regulations"). On April 13, 2004, Xiangxi Autonomous Prefecture was approved for inclusion in the second batch of comprehensive pilot units of the "China Ethnic and Folk Culture Protection Project." Legislative protection of ethnic and folk cultural heritage appeared particularly urgent and necessary. In October 2004, the Standing Committee of the Prefectural People's Congress decided to include the Folk Heritage Protection Regulations in its legislative plan. In March of the following year, the Prefectural People's Government established a drafting leading group and working team. After more than ten revisions, the regulations were adopted on March 29, 2006 at the fourth session of the eleventh People's Congress of the prefecture, and approved on May 31 by the twenty-first session of the Standing Committee of the tenth Hunan Provincial People's Congress. They came into effect on the date decided by the State Council—starting from 2006, the second Saturday of June each year (the second Saturday of June 2006 being the 10th) is China's "Cultural Heritage Day." The Folk Heritage Protection Regulations consist of 6 chapters and 36 articles: 7 articles of general provisions, 7 articles on rescue and protection, 10 articles on identification and transmission, 7 articles on management and utilization, 3 articles on rewards and penalties, and 2 articles of supplementary provisions.
Looking across the local legislation of Xiangxi Autonomous Prefecture, there are four prominent features: highlighting local characteristics, highlighting flexibility, highlighting operability, and highlighting the protection of the ecological environment and cultural heritage.
The formulation and implementation of the above regulations are important achievements of ethnic legislation in Xiangxi Autonomous Prefecture. They are improvements and supplements that combine national laws and administrative regulations with the actual conditions of Xiangxi Autonomous Prefecture. They have played, and will certainly continue to play, an important role in safeguarding national unity, guaranteeing the equal rights, autonomous rights, and other lawful rights and interests of all ethnic groups in Xiangxi Autonomous Prefecture, and promoting the common unity, progress, prosperity, and development of Xiangxi Autonomous Prefecture.
II. Administering the Prefecture According to Law
(1) Building of Legal Institutions
Public security, procuratorate, courts, and justice are full-time agencies for law enforcement and judicial administration.
Public Security: In March 1950, the Public Security Division of the Yongshun Administrative Office was established. In August 1952, the Public Security Division of the Xiangxi Miao Autonomous Region was established. In September 1957, it was renamed the Public Security Bureau of Xiangxi Tujia and Miao Autonomous Prefecture.
Procuratorate: In 1951, the Yongshun Administrative Office established a People's Procuratorate. In April 1953, the People's Procuratorate of the Xiangxi Miao Autonomous Region was established. In September 1957, it was renamed the People's Procuratorate of Xiangxi Tujia and Miao Autonomous Prefecture.
Courts: In 1950, the Yongshun Administrative Office Branch of the Hunan Provincial Higher People's Court was established. In August 1952, the Intermediate People's Court of the Xiangxi Miao Autonomous Region of the Hunan Provincial People's Court was established. In September 1957, it was renamed the Intermediate People's Court of Xiangxi Tujia and Miao Autonomous Prefecture of the Hunan Provincial People's Court.
Intermediate People's Court.
During the "Cultural Revolution," public security, procuratorate, and court organs were affected. In February 1968, public security, procuratorate, and court organs at the prefectural and county levels were placed under military control. In May, people's protection groups were successively established at the prefectural and county levels, subordinate to the revolutionary committees at the same level, serving as offices handling the business of public security, procuratorate, courts, and other departments for the revolutionary committees. In July 1973, November 1973, and the second half of 1978, public security bureaus, procuratorates, and courts at the prefectural and county levels were successively restored.
Justice: In November 1980, the Justice Bureau of Xiangxi Tujia and Miao Autonomous Prefecture was established, taking charge of judicial administration throughout the prefecture.
Government Legal Affairs: In June 1986, a regulations section was established within the office of the Xiangxi Autonomous Prefecture Government. In July 1990, it was upgraded to the Legal Affairs Office of the Prefectural People's Government at the county-bureau level, exercising government legal affairs functions externally. In 1993, it was additionally designated the "Administrative Reconsideration Office of the Prefectural People's Government."
The Standing Committee of the Prefectural People's Congress and its Legal Affairs Working Committee, and the Legal Affairs Office of the Prefectural People's Government are responsible for local legislation, legal supervision, legal publicity and education, and other work throughout the prefecture.
In addition, the organizational development of grassroots police stations, tribunals, judicial offices, and people's mediators throughout the prefecture has been continuously strengthened. The management of law firms has gradually become standardized. By the end of 2004, the prefecture had 16 law firms and 106 practicing lawyers.
(2) Legal Publicity
As early as the Agrarian Revolutionary period, the CPC Hunan-Hubei-Sichuan-Guizhou Border Provincial Committee carried out publicity and education in Xiangxi on the "Constitutional Outline of the Red Regime," the "Agrarian Revolution Law," and others. Xiangxi has a glorious history of legal publicity and education. After the founding of New China, laws, decrees, and regulations such as the "Regulations on Reducing Rent and Interest," the "Regulations on Punishing Counterrevolutionaries," the "Land Reform Law," and the "Constitution of the People's Republic of China" were vigorously publicized, playing an important role in building and consolidating the people's democratic regime, maintaining social stability and the normal order of production and life of the people, and ensuring the smooth completion of democratic reform and socialist transformation. After the Third Plenary Session of the Eleventh Central Committee of the CPC, legal publicity gradually came onto a normal track. In December 1984, the seventh session of the Standing Committee of the seventh Prefectural People's Congress adopted the "Resolution on Strengthening Legal Publicity and Education." Starting in 1986, with each five-year period as a stage, legal publicity and education were carried out in a focused manner in light of current realities. By 2005, the "Fourth Five-Year Popularization of Law" was completed. To this end, the prefecture established a leading group for popularizing law and administering according to law, and the prefectural Party Committee, prefectural People's Congress, and prefectural government issued a number of documents on popularizing law and administering the prefecture according to law. Prefectural leaders took the lead in studying law, Party schools at all levels held training classes for legal publicity backbones, all units organized concentrated study, and cadres and staff self-studied legal publicity readers. Legal publicity examinations and legal knowledge contests were held many times. In 2004 alone, 48 prefectural-level leaders, more than 11,000 county and division-level leaders, and 92,000 section-level and below cadres and employees of enterprises and institutions participated in concentrated examinations on legal study. By using street markets, radio, film and television, newspapers and books, primary and secondary school textbooks, and mountain songs and Miao songs for publicity, a broader mass of people received legal education. Every May was Rural Legal Publicity Month, during which legal publicity teams and activities sending ten thousand cadres to deliver law to the countryside were organized. Through forms such as street legal consultations, training village and group cadres, giving tutoring classes to villagers, organizing prize quizzes on legal knowledge, performing legal theatrical programs, and distributing legal publicity materials, rural legal publicity and education and the creation of democratic rule-of-law demonstration villages (communities) were widely carried out. Grassroots democracy was further expanded, community building and villagers' self-governance progressed steadily, and the people's awareness of safeguarding their rights continued to increase.
(3) Administrative Reconsideration
From October 1999 to 2005, since the implementation of the "Administrative Reconsideration Law," administrative reconsideration organs at all levels in Xiangxi Autonomous Prefecture accepted a total of 1,002 applications for administrative reconsideration (including 146 at the prefectural level), all of which were concluded within the statutory time limit, with a 100% on-time conclusion rate. Among the concluded cases, 658 were upheld, accounting for 66%; 134 were revoked and redone, changed, or ordered to be performed, accounting for 13%; and 210 were withdrawn by applicants on their own initiative after coordination, accounting for 21%. Law enforcement units at all levels in the prefecture established the "Administrative Law Enforcement Case Review System," the "Major Administrative Penalty Filing System," and the "Misjudged Case Notification and Accountability System."
(4) Administration According to Law
After the founding of New China, the vast majority of people's governments at all levels and their staff in Xiangxi Autonomous Prefecture were able to administer according to law, keep the people in their hearts, and solve difficulties for the people. After the promulgation and implementation of the "Administrative Reconsideration Law," the "Administrative Litigation Law," the "State Compensation Law," the "Administrative Licensing Law," the "Legislation Law," and the "Outline for Comprehensively Promoting Administration According to Law," Xiangxi Autonomous Prefecture extensively and deeply carried out publicity and study, issued the "Opinions of the People's Government of Xiangxi Autonomous Prefecture on Implementing the Outline for Comprehensively Promoting Administration According to Law," and established a leading group for promoting administration according to law headed by the prefect. Administration according to law was further standardized, and efforts were made to eliminate blindness and arbitrariness. Governments at all levels adhered to administration according to law in accordance with the requirements of building a law-based government. First, deepen reform of the administrative approval system, strictly standardize administrative approval conduct, and improve administrative efficiency; second, improve the social publicity system for major matters, the hearing system, and the expert consultation system for major decisions, and promote the scientization and democratization of administrative decision-making; third, earnestly implement the Administrative Licensing Law, further promote the administrative law enforcement responsibility system, establish and improve the administrative law enforcement evaluation and assessment system and the law enforcement fault accountability system, ensure that law enforcement is for the people and does not disturb the people, that law enforcement is fair and just, resolutely overcome and correct inaction and arbitrary action in administrative law enforcement, and improve the level of administration according to law. People's governments at all levels earnestly implemented the resolutions and decisions of the prefectural People's Congress and its Standing Committee, consciously accepted the legal supervision of the People's Congress and the democratic supervision of the CPPCC, further standardized administrative licensing conduct, improved administrative licensing methods, and reduced administrative licensing items. In 2005, the cleaning and review of the catalog of administrative licensing matters and the catalog of non-administrative licensing matters of all administrative law enforcement units directly under the prefecture was fully completed, and 1,208 administrative approval items were successively canceled or reduced. The government affairs service center was fully launched. The Prefectural Government Affairs Service Center was established in February 2003 and officially began external operation in October of the same year. The center had 22 permanent units, 26 non-permanent units, and 10 liaison units. A total of 403 administrative approval items and more than 2,300 fee-charging items were included for centralized handling at the center. The basic working methods and procedures of "one-window acceptance, one-stop approval, one-ticket fee collection, one-stop service, and completion within a time limit" were implemented, government affairs were made public, and centralized office work greatly facilitated the units handling matters.
(5) Law Enforcement Supervision
People's congresses at all levels fully gave play to their legal supervision functions and actively carried out law enforcement supervision. In the 1980s, a large number of laws were promulgated and implemented. The Standing Committee of the Xiangxi Autonomous Prefecture People's Congress adopted the method of "combining vertical and horizontal lines, self-examination and self-correction, organizing spot checks, and summarizing and rectifying," and in particular carried out key supervision and inspection of the study and enforcement of law by leading cadres and administrative and judicial organs and their staff. From 1986 to 1988, the implementation of 54 laws and regulations was inspected. After the 1990s, first, supervision was carried out over major individual cases, with leaders of the Standing Committee of the Prefectural People's Congress personally overseeing them; second, in accordance with the principle of "highlighting key points and stressing practical results," targeted and focused law enforcement inspections were carried out. In 2001, the implementation of the "Forest Law" was a key inspection item, and the "Resolution on Protecting and Developing Forest Resources and Accelerating Forestry Construction" was adopted. In 2002, the standing committees of the provincial, prefectural, county, and city people's congresses jointly carried out comprehensive law enforcement inspections on optimizing the economic environment; the government canceled 416 administrative approval items, and illegally charged items were stopped. The prefectural government actively strengthened administrative law enforcement supervision, carried out target management assessment inspections for administration according to law, and formed a system. In 2003, key inspections were conducted on the Compulsory Education Law and the Law on Regional Ethnic Autonomy; in 2004, on the Agriculture Law and the Small and Medium-sized Enterprises Promotion Law; and in 2005, on the Rural Road Regulations and the Labor Law. Problems found were submitted to the prefectural government as handling opinions and strictly tracked and supervised, effectively promoting the implementation of various laws and regulations in Xiangxi Autonomous Prefecture and steadily advancing the administration of the prefecture according to law.