法治视野下自治州能否设区的再思考

RETHINKING THE POSSIBILITY OF ESTABLISHING DISTRICTSUNDER AUTONOMOUS PREFECTURE INTHE PERSPECTIVE OF THE RULE OF LAW

自治州作为民族区域自治的重要形式,发挥着承上启下的作用。按照现行行政区划的通行做法,自治州应该与设区的市属于同一级别,但宪法并没有规定自治州能设置区,故当前30个自治州都没有区的建制。目前不少地方都实行撤县设区,以壮大中心城市力量,宪法第30条有可能间接导致自治州与设区市的经济差距越来越大,甚至影响自治州的城市化进程。有必要追本溯源,再次思考当初制宪者为什么没有规定自治州能够设置区,是有意为之还是淡而处之。在《立法法》授予设区的市地方立法权的背景下,适时开启自治州设区不仅有利于城市化发展,也有利于健全和完善民族区域自治制度,以便真正实现民族自治地方自治权的平等性。

The autonomous prefecture, as an important form of regional ethnic autonomy, plays a vital rolein forming a connecting link between the proceeding and the following. In accordance with the current practice of administrative divisions, autonomous regions and municipalities should belong to the same level, but the Constitution does not stipulate thatautonomous regions can establish district, so the establishment of district is absent in the current thirty autonomous regions. At present, the works of ＂withdrawing the establishment of county to establish city＂ are carried out in a lot of placesin order to strengthen the power of central cities, Article 30^th of the Constitution may lead to the growingof economic gapbetween autonomous prefecture and the citywhere districts are established indirectly, and even affect the urbanization process of autonomous prefectures. It is necessary to retrospectand torethink why the original framers of Constitution do not prescribe that autonomous prefecture is eligible to establish district, is it intended or lack of full consideration？ Under the back- ground that cities where districts are established are granted the right of making local legislation by the Legislative Law, the establishment of district under autonomous prefecturetimely is not only beneficial to urban development, but also favorable to improve and perfeetthe system of regional ethnic autonomyso as to realize the equality of the autonomous right in ethnic autonomous areas.