自治区自治条例出台阻滞的法律经济学分析

The Law and Economics Study on the Handicap in the Legislation of Autonomous Region's Regulations on the Exercise of Autonomy

我国的五大自治区至今尚未出台各自的自治区自治条例。其原因是多方面的,但中央政府与自治区权力划分模式中存在的问题是最主要的原因,应当设法加以解决。立法环境中存在的问题一是自治区自治条例的立法时机不成熟,二是有关部门对民族立法的重要性认识不足。另外,自治区自治条例(草案)也存在立法悖论和立法质量等自身原因。

China＇s five autonomous regions have not their regulation on the exercise of autonomy till now. The reasons are Various, but the problem in the mode of power-sharing between central government and autonomous regions maybe the main one, it should be settled. There are two problems in the legislative environment： first, the legislative timing was not mature; second, the departments con- cerned did not realize the importance of legislation for minorities. In addition, the drafts have their matters such as the legislative paradox and the legislative quality.