Under unified national leadership, self-government is exercised in
areas heavily resided with ethnic minorities. Organs of
self-government in these areas administer the right of
self-government.
In
principle, the administrative status of areas where self-government
of ethnic autonomy is exercised is decided according to the
geographical size and population of the areas. Autonomous regions
enjoy the same status as provinces, autonomous prefectures enjoy
the same status as prefectural-level cities and autonomous counties
enjoy equal status as counties.
I. Organs of self-government of ethnic autonomous areas and
their status
1. Organs of self-government of ethnic autonomous areas
The organs of self-government of ethnic autonomous areas are the
people's congresses, people's governments, people's courts and
people's procuratorates of autonomous regions, autonomous
prefectures and autonomous counties.
The composition and work of organs of self-government of ethnic
autonomous areas are governed by self-government regulations of
ethnic autonomous areas or by separately drawn regulations, in
accordance with the Constitution and law.
2. Administrative status of organs of self-government of ethnic
autonomous areas
The people's congress system is implemented in areas of ethnic
autonomy.
People's governments in areas of ethnic autonomy are responsible
and report on their work to people's congresses of corresponding
levels and the state administrative organs of the higher level.
When the people's congresses are not in session, the people's
governments are responsible and report on their work to the
standing committees of people's congresses of corresponding
levels.
All people's governments in areas of ethnic autonomy are state
administrative organs under the unified leadership of the State
Council and are subordinate to the State Council.
The chairman of an autonomous region, the prefect of an autonomous
a prefecture or the governor of an autonomous county are
responsible for the work of the people's governments of their
respective levels.
II. The rights of organs of self-government of ethnic autonomous
areas
1. Ethnic characteristics
(1) The chairman of an autonomous region, the prefect of an
autonomous prefecture or the governor of an autonomous county shall
be a citizen of the ethnic group exercising regional autonomy in
the area concerned. The chairman or vice chairman of the standing
committee of an ethnic autonomous area shall be a citizen of the
ethnic group exercising regional autonomy in the area
concerned.
(2) In the people's congresses of ethnic autonomous areas, apart
from representatives of the ethnic group exercising regional
autonomy in the area concerned, other ethnic groups, particularly
ethnic minorities, residing in the same area shall have appropriate
representations. Ethnic groups with relatively small populations
may receive preferential treatment in the allocation of the number
of deputies according to law.
(3) In the people's government and their working organs in ethnic
autonomous areas, ethnic minority officials should be placed as
many as possible. Ethnic minority officials basically conforming to
the requirements should be given priority in official
appointment.
When the ethnic group exercising regional autonomy makes up more
than half of the total local population, there should be an equal
ratio of officials from the ethnic group. Those whose populations
are less than half of the total local population shall enjoy a
ratio higher than their ethnic populations.
2. The right of self-government
(1) Law making
The people's congresses of ethnic autonomous areas have the power
to enact regulations on the exercise of autonomy and other separate
regulations in the light of the political, economic and cultural
characteristics of the ethnic group or ethnic groups in the areas
concerned.
Regulations on the exercise of autonomy deal with basic questions
in exercising ethnic autonomy. Separate regulations of autonomous
regions deal with issues in individual aspects concerning the
exercise of ethnic autonomy.
Regulations on the exercise of autonomy and separate regulations of
autonomous regions on the exercise of autonomy may contain
specifications different from state laws and policies.
Regulations on the exercise of autonomy of autonomous regions and
separate regulations of autonomous regions shall be submitted to
the Standing Committee of the NPC for approval before they go into
effect.
Regulations on the exercise of autonomy of autonomous prefectures
and counties and their separate regulations shall be submitted to
standing committees of people's congresses of provinces or
autonomous regions for approval before they go into effect. They
shall also be submitted to the Standing Committee of the NPC for
the record.
(2) Flexible executive rights
When decisions, orders and goals issued by state organs of higher
levels are inappropriate for the actual conditions of ethnic
autonomous areas, organs of self-government may carry them out in a
flexible manner or not carry them out, upon approval of state
organs of higher levels.
(3) Power of autonomy in administering finances
Organs of self-government of ethnic autonomous areas have a
relatively greater degree of the power of autonomy in administering
the finances of their areas. They may enjoy preferential treatment
of the state.
All revenues accruing to the ethnic autonomous areas under the
financial system of the state shall be managed and used by the
organs of self-government of those areas on their own.
Regulations concerning the revenues and expenditures in ethnic
autonomous areas are made by the State Council according to the
principle of providing preferential treatment to ethnic autonomous
areas.
Extra reserve funds may be set up in the spending of financial
budget of ethnic autonomous areas according to state regulations.
The reserve funds in the budget of these areas may occupy a
percentage higher than in other areas.
(4) The self-government right concerning languages
Organs of self-government of ethnic autonomous areas have a larger
degree of power in administering cultural affairs.
In
performing their functions, organs of self-government of ethnic
autonomous areas, in accordance with the regulations on the
exercise of autonomy in those areas, employ the spoken and written
language or languages in common use in the locality.
In
areas several languages are used in performing their functions,
organs of self-governments may use the language of the ethnic group
exercising regional autonomous in the areas.
(5) The right to organize public security forces
Organs of self-government in ethnic autonomous areas, in accordance
with the national military system and actual needs in their
localities and upon approval of the State Council, may organize
public security forces to safeguard local public order.
