驳“以自治区单行条例替代自治条例”论——兼议自治区自治条例的困境与对策

A REFUTATION TO THE VIEWPOINT ‘SPECIFIC REGULATIONS OF AUTONOMOUS REGION IN SUBSTITUTION FOR THE AUTONOMOUS REGULATIONS':Concurrently Discussing the Dilemmas and Countermeasures

有观点认为,由于全国五个自治区自治条例迟迟不能出台,而其在内容、功能上与更具实施性的自治区单行条例别无二致,因此应以体系化的自治区单行条例全面替代自治条例。但该论调在理论认知、实践认知、论证逻辑和思想立场方面均有重大缺陷,既无必要性亦无可行性,并且还可能引发深层的消极影响。自治区自治条例难以出台,既有形式原因也有实质原因,而在明确时代基础、意识理念和实现路径三个重点的基础上实施三步走战略,即可实现对相关困境的全面超越。

A recent viewpoint argues that the contents and functions of the autonomous regulations in the five autonomous regions are the same as that of the specific regulations of autonomous regions that are more easily to implement, therefore, systematic specific regulations of autonomous regions should substitute the autonomous regulations. However, there are significant deficiencies in terms of theory and practice cognition, logic of argument and standpoint consisted in this viewpoint which may lead to deep - seated passive influence. There are reasons both in the forms and substance in the dilemmas that the autonomous regula tions are difficult to be promulgated. Only the three -step strategy is carried out on the basis that the time foundation, ideology and path of implementation are clarified then the present dilemmas are transcended overall.