中国民族区域自治制度的确立与发展
Establishment and Development of China’s Regional National Autonomy System
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초록
中国解决民族问题的基本法律制度是民族区域自治，这个制度在中国是一种历史发展的必然，是在中国共产党领导下，创建新中国后的一个必然选择。它经历了建国前的选择尝试，提出过3种可能的选择，即真正意义上的分离制，通过行使民族自决权，各少数民族包括弱小的民族都有权单独建立自己的民族国家，并自己决定是与中国本部联合建立国家，还是完全分离出去；各少数民族先建立自己独立的民族国家，然后各民族国家联合建立联邦国家；在统一的国家内，建立民族区域自治政权，行使自治权。前两种被先后被摈弃和排除，最终选择了把民族区域自治作为解决我国民族问题的根本政策、制度和政治形式。建国后的实践，最终以基本法的形式确认下来。这个基本制度不断变化、发展、完善。中国的民族区域自治法律制度从萌芽走向较成熟，特别是在法律形式上、权利内容方面、发展的重点上都有新进展。今后还需要高度关注实现自治权的制度机制、拓展和增强这项制度的经济功能、完善这项制度在协调自治地方内部民族关系的机制、强化民族自治地方的责任和义务。
Abstract
China’s Regional National Autonomy is a basic legal system which is used for solving ethnic issues. The system in China was a certainty of historical development, and was also an inevitable choice after the New China was created under the leadership of Communist Party. Three options were discussed before the foundation of PRC. One of the options was a true meaning of separation. Through exercising self-determination rights, all of the minority nationalities including weak minority nationalities had rights to establish their own countries, and decided to establish one country with China or be complete separation. The second option was that minority nationalities firstly established their own dependent countries and these countries uniformly established a federal state. The third option was that all of minority nationalities established autonomy regime and exercised autonomous rights in the united states. The first two options were rejected and excluded. Ultimately, through the practice after the foundation of PRC, the third option was confirmed as a basic law. The basic System is going through changes, development and perfection, and going from rudiment to mature, particularly in legal form, content of rights and the focus of development. In the future, China should pay close attention to the system mechanism of realizing autonomous rights, enhancing the economic function of the system, improving mechanism of coordinating nationalities relations of autonomous areas, strengthening the responsibilities and obligations of the national autonomous areas.