|
Chapter III The Power of Autonomy of the Organs of Self-Government
Article 19 The people's congresses of national autonomous areas shall have the power to enact regulations on the exercise of autonomy and separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The regulations on the exercise of autonomy and separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. The regulations on the exercise of autonomy and separate regulations of autonomous prefectures and autonomous counties shall be submitted to the standing committees of the people's congresses of provinces, autonomous regions or municipalities directly under the Central Government for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress and the State Council for the record.
Article 20 If a resolution, decision, order or instruction of a State organ at a higher level does not suit the conditions in a national autonomous area, the organ of self-government of the area may either implement it with certain alterations or cease implementing it after reporting to and receiving the approval of the State organ at a higher level; the said State organ shall give a reply within 60 days from the date of receipt of the report.
Article 21 While performing its functions, the organs of self-government of a national autonomous area shall, in accordance with the regulations on the exercise of autonomy of the area, use one or several languages commonly used in the locality; where several commonly used languages are used for the performance of such functions, the language of the nationality exercising regional autonomy may be used as the main language.
Article 22 In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall take various measures to train large numbers of cadres at different levels and various kinds of specialized personnel, including scientists, technicians and managerial executives, as well as skilled workers from among the local nationalities, giving full play to their roles, and shall pay attention to the training of cadres at various levels and specialized and technical personnel of various kinds from among the women of minority nationalities.
When recruiting working staff, the organ of self-government of a national autonomous area shall give appropriate considerations to people of the nationality exercising regional autonomy and of other minority nationalities in the area.
The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement to specialized personnel joining in the various kinds of construction in these areas.
Article 23 When recruiting personnel in accordance with State regulations, enterprises and institutions in national autonomous areas shall give priority to minority nationalities and may enlist them from the population of minority nationalities in rural and pastoral areas.
Article 24 The organs of self-government of national autonomous areas may, in accordance with the military system of the State and practical local need and with the approval of the State Council, organized local public security forces for the maintenance of public order.
Article 25 Under the guidance of State plans, the organs of self-government of national autonomous areas shall, in the light of local characteristics and needs, work out the guidelines, policies and plans for economic development and independently arrange for and administer local economic development.
Article 26 Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous areas shall, in accordance with legal stipulations and in the light of the characteristics of local economic development, rationally readjust the relations of production and the economic structure, and work hard to develop the socialist market economy."
The organs of self-government of national autonomous areas shall uphold the basic economic system, under which public ownership is the mainstay and the economic sectors under different types of ownership develop together, and encourage the development of the economic sectors under non-public ownership.
Article 27 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall define the ownership of, and the right to use, the pastures and forests within these areas.
The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and make arrangements for and encourage the planting of trees and grass. Destruction of grasslands and forests by any organization or individual by whatever means shall be prohibited. Reclamation of land from grasslands or forests by destroying grass or trees shall strictly be prohibited.
Article 28 In accordance with legal stipulation, the organs of self-government of national autonomous areas shall manage and protect the natural resources of these areas.
In accordance with legal stipulations and unified State plans, the organs of self-government of national autonomous areas may give priority to the rational exploitation and utilization of the natural resources that the local authorities are entitled to develop.
Article 29 Under the guidance of State plans, the organs of self-government of national autonomous areas shall independently arrange local capital construction projects according to their financial and material resources and other specific local conditions.
Article 30 The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions under local jurisdiction.
Article 31 In accordance with State provisions, the organs of self-government of national autonomous areas may pursue foreign economic and trade activities and may, with the approval of the State Council, open foreign trade ports.
National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council.
While conducting economic and trade activities with foreign countries, the national autonomous areas shall enjoy preferential treatment by the State.
Article 32 The finance of a national autonomous area constitutes a particular level of finance and is a component of State finance.
The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the State shall be managed and used by the organs of self-government of these areas on their own.
Under the unified national financial system, a national autonomous area shall enjoy preferential treatment by the financial department at a higher level through the standard financial transfer payment system exercised by the State.
A national autonomous area shall, in accordance with State stipulations, lay aside a reserve fund for expenditure in its budget. The proportion of the reserve fund in its budget shall be higher than that in the budgets of other areas.
While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra income and savings from expenditures at its own discretion.
Article 33 In accordance with the principles set by the State and in the light of local conditions, the organs of self-government of national autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure, the sizes of the staff and the quotas of work for their respective areas. The supplementary provisions and concrete procedures worked out by autonomous regions shall be reported to the State Council for the record; those worked out by autonomous prefectures and autonomous counties shall be reported to the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government for approval.
Article 34 While implementing the tax laws of the State, the organs of self-government of national autonomous areas may grant tax exemptions or reductions for certain items of local financial income which should be encouraged or given preferential consideration in taxation, in addition to items on which tax reduction or exemption requires unified examination and approval by the State. The decisions of autonomous prefectures and autonomous counties on tax reduction and exemption shall be reported to the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government for approval.
Article 35 A national autonomous area may, in the light of the needs of the local economic and social development and in accordance with the stipulations of laws, set up local commercial banks and urban and rural credit cooperative organizations.
Article 36 In accordance with the guidelines of the State on education and with the relevant stipulations of the law, the organs of self-government of national autonomous areas shall decide on plans for the development of education in these areas, on the establishment of various kinds of schools at different levels, and on their educational system, forms, curricula, the language used in instruction and enrollment procedures.
Article 37 The organs of self-government of national autonomous areas shall independently develop education for the nationalities by eliminating illiteracy, setting up various kinds of schools, spreading nine-year compulsory education, developing regular senior secondary education and secondary vocational and technical education in various forms, and developing higher education, where possible and necessary, so as to train specialized people from among all the minority nationalities.
The organs of self-government of national autonomous areas shall set up public primary schools and secondary schools, mainly boarding schools and schools providing subsidies, in pastoral areas and economically underdeveloped, sparsely populated mountain areas inhabited by minority nationalities, so as to ensure that the students at school accomplish their schooling at the compulsory education stage. The expenses for running schools and for subsidies shall be handled by the local governments. If it is difficult for the local governments to do so, the governments at a higher level shall give them allowances.
Schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the media of instruction. Classes for the teaching of Chinese (the Han language) shall, where possible, be opened for junior or senior grades of primary schools to popularize putonghua (the common speech based on Beijing pronunciation) and standard Chinese characters.
People's governments at various levels shall give financial support to the compilation translation and publishing of teaching materials and publications in languages of minority nationalities.
Article 38 The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing, radio broadcasting, the film industry, television and other cultural undertakings in forms and with characteristics unique to the nationalities, and increase their input in cultural undertakings, provide improved cultural facilities and speed up the development of various cultural undertakings.
The organs of self-government of national autonomous areas shall make arrangements for the units or departments concerned and support them in their efforts to collect, sort out, translate and publish historical and cultural books of minority nationalities and protect the scenic spots and historical sites in their areas, their precious cultural relics and their other important historical and cultural legacies, so as to inherit and develop their outstanding traditional culture.
Article 39 The organs of self-government on national autonomous areas shall make independent decisions on local plans for developing science and technology and spreading knowledge of science and technology.
Article 40 The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local medical and health services and for advancing both modern medicine and the traditional medicine of the nationalities.
The organs of self-government of national autonomous areas shall see to a more effective prevention and control of contagious and endemic diseases, provide better protection for the health of women and children, and improve medical and sanitary conditions.
Article 41 The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional sports of the nationalities and improve the physical fitness of the people of the various nationalities.
Article 42 The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with other areas in education, science and technology, culture and art, public health, sports, etc.
In accordance with relevant State provisions, the organs of self-government of national autonomous regions and autonomous prefectures may conduct exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc.
Article 43 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures for control of the transient population.
Article 44 The policy of family planning and good prenatal and postnatal care shall be carried out in national autonomous areas in order to enhance the population quality of all the nationalities.
In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions, work out measures for family planning.
Article 45 The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological environment and shall prevent and control pollution and other public hazards, so as to bring about the coordinated development of population, resources and environment.
Chapter IV The People's Courts and People's Procuratorates of National Autonomous Areas
Article 46 The People's Courts and People's Procuratorates of national autonomous areas shall be responsible to the people's congresses at corresponding levels and their standing committees. The People's Procuratorates of national autonomous areas shall also be responsible to the People's Procuratorates at higher levels.
The administration of justice by the People's Courts of national autonomous areas shall be supervised by the Supreme People's Court and by People's Courts at higher levels. The work of the People's Procuratorates of national autonomous areas shall be directed by the Supreme People's Procuratorate and by the People's Procuratorates at higher levels.
Members of the leadership and of the staff of the People's Court and of the People's Procuratorate of a national autonomous area shall include people from the nationality exercising regional autonomy in that area.
Article 47 In the prosecution and trial of cases, the People's Courts and People's Procuratorates in national autonomous areas shall use the language commonly used in the locality, and they shall rationally be manned with persons who are familiar with the spoken and written languages of minority nationalities commonly used in the locality. The People's Courts and People's Procuratorates shall provide translation and interpretation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality. Legal documents shall be prepared, in the light of actual needs, in the language or languages commonly used in the locality. The right of citizens of the various nationalities to use the spoken and written languages of their own nationalities in court proceedings shall be safeguarded.
|
