China
Law of the People's Republic of China on Regional National Autonomy (1984) [p.207]
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON REGIONAL NATIONAL AUTONOMY
1984
[p.From Chinalaw Computer-Assisted Legal Research Center, Peking University]
The People's Republic of China is a unitary multinational state created jointly by the people of all its nationalities. Regional national autonomy is the basic policy adopted by the Communist Party of China for the solution of the national question in China through its application of Marxism-Leninism; it is an important political system of the state. Regional national autonomy means that the minority nationalities, under unified state leadership, practise regional autonomy in areas where they live in concentrated communities and set up organs of self-government for the exercise power of autonomy. Regional national autonomy embodies the state's full respect for and guarantee of the right of the minority nationalities to administer their internal affairs and its adherence to the principle of equality, unity and common prosperity for all its nationalities.
Regional national autonomy has played an enormous role in giving full play to the initiative of all nationalities as masters of the country, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the unification of the country and in promoting socialist construction in the national autonomous areas and the rest of the country. The system of regional national autonomy will have a still greater role to play in the country's socialist modernization in the years to come.
It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given effective guarantees for implementing state laws and policies in the light of existing local conditions; that large numbers of cadres at various levels and specialized personnel and skilled workers of various professions and trades be trained from among the minority nationalities; that the national autonomous areas strive to promote local socialist construction in the spirit of self-reliance and hard work and contribute to the nation's construction as a whole; and that the state strive to help the national autonomous areas speed up their economic and cultural development in accordance with the plans for national economic and social development. In the effort to maintain the unity of the nationalities, both big-nation chauvinism, mainly Han chauvinism, and local national chauvinism must be opposed.
Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the people of various nationalities in the autonomous areas shall, together with the people of the whole country, re to the people's democratic dictatorship and to the socialist road, concentrate their efforts on socialist modernization, speed up the economic and cultural development of the national autonomous areas, work towards their unity and prosperity and strive for the common prosperity of all nationalities and for the transformation of China into a socialist country with a high level of culture and democracy.
The Law of the People's Republic of China on Regional National Autonomy is the basic law for the implementation of the system of regional national autonomy prescribed in the Constitution.
CHAPTER I
GENERAL PRINCIPLES
[p.Article 1] The Law of the People's Republic of China on Regional National Autonomy is formulated in accordance with the Constitution of the People's Republic of China.
[p.Article 2] Regional autonomy shall be practised in areas where minority nationalities live in concentrated communities. National autonomous areas shall be classified into autonomous regions, autonomous prefectures and autonomous counties.
All national autonomous areas are integral parts of the People's Republic of China.
[p.Article 3] Organs of self-government shall be established in national autonomous areas as local organs of state power at a particular level.
The organs of self-government of national autonomous areas shall apply the principle of democratic centralism.
[p.Article 4] The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of state as specified in Section 5 of Chapter III of the Constitution. At the same time, they shall exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, by this Law and other laws, and implement the laws and policies of the state in the light of existing local conditions.
The organs of self-government of autonomous prefectures shall exercise the functions and powers of local state organs over cities divided into districts and cities with counties under their jurisdiction and, at the same time, exercise the power of autonomy.
[p.Article 5] The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the Constitution and other laws are observed and implemented in these areas.
[p.Article 6]The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated effort to promote socialist modernization.
On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural development of these areas.
Under the guidance of state plans and on the basis of actual conditions, the organs of self-government of national autonomous areas shall steadily increase labour productivity and economic results, develop social productive forces and gradually raise the material living standards of the people of the various nationalities
The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures, build a socialist society with an advanced culture and ideology and with national characteristics, and steadily raise the socialist consciousness and scientific and cultural levels of the people of the various nationalities.
[p.Article 7] The organs of self-government of national autonomous areas shall place the interests of the state as a whole above anything else and make positive efforts to fulfill the tasks assigned by state organs at higher levels.
[p.Article 8] State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of national autonomous areas and shall, in accordance with the characteristics and needs of these areas, strive to help them speed up their socialist construction.
[p.Article 9] State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the socialist relationship of equality, unity and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality shall be prohibited; any act which undermines the unity of the nationalities or instigates national division shall also be prohibited.
[p.Article 10] The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.
[p.Article 11] The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various nationalities.
No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they discriminate against citizens who believe in, or do not believe in, any religion.
The state shall protect normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state.
Religious bodies and religious affairs shall not be subject to any foreign domination.
CHAPTER II
ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND
THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT
[p.Article 12] Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local conditions such as the relationship among the various nationalities and the level of economic development, and with due consideration for historical background.
Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities live in concentrated communities.
Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration of actual local conditions.
[p.Article 13] With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality and the name of the nationality and the administrative status, in that order.
[p.Article 14] The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed by the state organ at the next higher level jointly with the state organ in the relevant locality, after full consultation with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed by law.
Once defined, the boundaries of a national autonomous area may not be altered without authorization. When an alteration is found necessary, it shall be proposed by the relevant department of the state organ at the next higher level after full consultation with the organ of self-government of the national autonomous area before it is submitted to the State Council for approval.
[p.Article 15] The organs of self-government of national autonomous areas shall be the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties.
The people's governments of national autonomous areas shall be responsible to and report on their work to the people's congresses at corresponding levels and to the administrative organs of the state at the next higher level. When the people's congresses at corresponding levels are not in session, they shall be responsible to and report on their work to the standing committees of these people's congresses. The people's governments of all national autonomous areas shall be administrative organs of the state under the unified leadership of the State Council and shall be subordinate to it.
The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas' regulations on the exercise of autonomy or separate regulations, in accordance with the Constitution and other laws.
[p.Article 16] In the people's congress of a national autonomous area, in addition to the deputies from the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.
The number and proportion of deputies to the people's congress of a national autonomous area from the nationality exercising regional autonomy and from the other minority nationalities shall be decided upon by the standing committee of the people's congress of a province or an autonomous region, in accordance with the principles prescribed by law, and shall be reported to the Standing committee of the National People's Congress for the record.
Among the chairman and vice-chairmen of the standing committee of the people's congress of a national autonomous area shall be one or more citizens of the nationality exercising regional autonomy in the area.
[p.Article 17] The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned. Other posts in the people's government of an autonomous region, an autonomous prefecture or an autonomous county should, whenever possible, be assumed by people of the nationality exercising regional autonomy and of other minority nationalities in the area concerned.
The people's governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who shall direct the work of the people's government at their respective levels.
[p.Article 18] The cadres in the departments under the organs of self government of a national autonomous area should, whenever possible, be chosen from among citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area.
CHAPTER III
THE POWER OF AUTONOMY OF
THE ORGANS OF SELF-GOVERNMENT
[p.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 regulation 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 or autonomous regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress for the record.
[p.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.
[p.Article 21] While performing its functions, the organ 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.
[p.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.
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.
[p.Article 23] When recruiting personnel, 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. When recruiting personnel from the population of minority nationalities in rural and pastoral areas, autonomous prefectures and autonomous counties must report to and secure the approval of the people's governments of the provinces or autonomous regions.
[p.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, organize local public security forces for the maintenance of public order.
[p.Article 25] Under the guidance of state plans, the organs of self-government of national autonomous areas shall independently arrange for and administer local economic development.
[p.Article 26] Under the guidance of state plans, the organs of self-government of national autonomous areas shall work out the guidelines, policies and plans for economic development in the light of local characteristics and needs.
[p.Article 27] 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 reform the structure of economic administration.
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.
[p.Article 28] In accordance with legal stipulations, the organs of self government of national autonomous areas shall manage and protect the natural resources of these areas.
The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and organize and encourage the planting of trees and grass. Destruction of grasslands and forests by any organization or individual by whatever means shall be prohibited.
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.
[p.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.
[p.Article 30] The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions under local jurisdiction.
[p.Article 31] The organs of self-government of national autonomous areas shall independently arrange for the use of industrial, agricultural and other local and special products after fulfilling the quotas for state purchase and for state distribution at a higher level.
[p.Article 32] 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 foreign economic and trade activities, the organs of self-government of the national autonomous areas shall enjoy preferential treatment by the state with regard to the proportion of foreign exchange retained by them and in other respects.
[p.Article 33] 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.
The revenues and expenditures of national autonomous areas shall be specified by the State Council on the principle of giving preferential treatment to such areas.
In accordance with stipulations concerning the state financial system, if the revenues of a national autonomous area exceed its expenditures, a fixed amount of the surplus shall be delivered to the financial department at a higher level. Once fixed, the amount to be delivered may remain unchanged for several years. If the expenditures of a national autonomous area exceed its revenues, a subsidy shall be granted by the financial department at a higher level.
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.
[p.Article 34] 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 or autonomous regions for approval.
[p.Article 35] 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 or autonomous regions for approval.
[p.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.
[p.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 compulsory primary education, developing secondary education and establishing specialized schools for the nationalities, such as teachers' schools, secondary technical schools, vocational schools and institutes of nationalities to train specialized personnel from among the minority nationalities.
The organs of self-government of national autonomous areas may 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.
Schools where most of the students come from minority nationalities should, whenever possible, use textbooks in their own languages and use these languages as the media of instruction. Classes for the teaching of Chinese (the Han language) shall be opened for senior grades of primary schools or for secondary schools to popularize Putonghua, the common speech based on Beijing pronunciation.
[p.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.
The organs of self-government of national autonomous areas shall collect, sort out, translate and publish books of the nationalities and protect the scenic spots and historical sites in their areas, their precious cultural relics and their other important historical and cultural legacies.
[p.Article 39] The organs of self-government of national autonomous areas shall make independent decisions on local plans for developing science and technology and spreading knowledge of science and technology.
[p.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 treatment of endemic diseases, provide better protection for the health of women and children, and improve sanitary conditions.
[p.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.
[p.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 autonomous regions and autonomous prefectures may conduct exchanges with foreign countries in education, science and technology, culture and art, public health, sports, etc.
[p.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.
[p.Article 44] In accordance with legal stipulation, the organs of self-government of national autonomous areas shall, in the light of local conditions, work out measures for family planning.
[p.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.
CHAPTER IV
THE PEOPLE'S COURTS AND PEOPLE'S PROCURATORATES
OF NATIONAL AUTONOMOUS AREAS
[p.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 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.
[p.Article 47] In the prosecution and trial of cases, the people's courts and people's procuratorates of national autonomous areas shall use the language commonly used in the locality. They shall guarantee that citizens of the various nationalities enjoy the right to use the spoken and written languages of their own nationalities in court proceedings. The people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality. Legal documents should be written, according to actual needs, in the language or languages commonly used in the locality.
CHAPTER V
RELATIONS AMONG NATIONALITIES
WITHIN A NATIONAL AUTONOMOUS AREA
[p.Article 48] The organ of self-government of a national autonomous area shall guarantee equal rights for the various nationalities in the area.
The organ of self-government of a national autonomous area shall unite the cadres and masses of the various nationalities and give full play to their initiative in a joint effort to develop the area.
[p.Article 49] The organ of self-government of a national autonomous area shall persuade and encourage cadres of the various nationalities to learn each other's spoken and written languages. Cadres of Han nationality should learn the spoken and written languages of the local minority nationalities. While learning and using the spoken and written languages of their own nationalities, cadres of minority nationalities should also learn putonghua and the written Chinese (Han) language commonly used throughout the country.
Awards should be given to state functionaries in national autonomous areas who can use skillfully two or more spoken or written languages that are commonly used in the locality.
[p.Article 50] The organ of self-government of a national autonomous area shall help other minority nationalities living in concentrated communities in the area establish appropriate autonomous areas or nationality townships.
The organ of self-government of a national autonomous area shall help the various nationalities in the area develop their economic, educational, scientific, cultural, public health and physical culture affairs.
The organ of self-government of a national autonomous area shall give consideration to the characteristics and needs of nationalities living in settlements scattered over the area.
[p.Article 51] In dealing with special issues concerning the various nationalities within its area, the organ of self-government of a national autonomous area must conduct full consultation with their representatives and respect their opinions.
[p.Article 52] The organ of self-government of a national autonomous area shall guarantee that citizens of the various nationalities in the area enjoy the rights of citizens prescribed in the Constitution and shall educate them in the need to perform their duties as citizens.
[p.Article 53] The organ of self-government of a national autonomous area shall promote the civic virtues of love of the motherland, of the people, of labour, of science and of socialism and conduct education among the citizens of the various nationalities in the area in patriotism, communism and state policies concerning the nationalities. The cadres and masses of the various nationalities must be educated to trust, learn from and help one another and to respect the spoken and written languages, folkways and customs and religious beliefs of one another in a joint effort to safeguard the unification of the country and the unity of all the nationalities.
CHAPTER VI
LEADERSHIP AND ASSISTANCE FROM
STATE ORGANS AT HIGHER LEVELS
[p.Article 54] The resolutions, decisions, orders and instructions concerning national autonomous areas adopted by state organs at higher levels should suit the conditions in these areas.
[p.Article 55] State organs at higher levels shall provide financial, material and technical assistance to national autonomous areas to accelerate their economic and cultural development.
In making plans for national economic and social development, state organs at higher levels should take into consideration the characteristics and needs of national autonomous areas.
[p.Article 56] The state shall set aside special funds to help national autonomous areas develop their economy and culture.
The special funds set aside by the state and its provisional grants to the nationalities may not be deducted, withheld or misappropriated by any state agency, nor may they be used to substitute for the normal budgetary revenues of national autonomous areas.
[p.Article 57] In accordance with the state policy for trade with the minority nationalities, state organs at higher levels shall give consideration to the commercial, supply and marketing, and medical and pharmaceutical enterprises in national autonomous areas.
[p.Article 58] State organs at higher levels shall rationally review or readjust the base figures for the financial revenues and expenditures of national autonomous areas.
[p.Article 59] While distributing the means of production and means of subsistence, state organs at higher levels shall give consideration to the needs of national autonomous areas.
While making plans for the state purchase of industrial and agricultural products and other local and special products of national autonomous areas and for state distribution of such products at a higher level, state organs at higher levels shall give consideration to the interests of the national autonomous areas and the producers, and set reasonable base figures for state distribution at a higher level or a reasonable ratio between the amount to be purchased and the amount to be kept.
[p.Article 60] In matters of investment, loans and taxation and in production, supply, transportation and sales, state organs at higher levels shall help national autonomous areas in the rational exploitation of local resources to develop local industry, transportation and energy and to advance and improve the production of goods specially needed by minority nationalities and of traditional handicrafts.
[p.Article 61] State organs at higher levels shall enlist and support economically developed areas in pursuing economic and technological cooperation with national autonomous areas to help the latter areas raise their level of operation and management and their level of production technology.
[p.Article 62] While exploiting resources and undertaking construction in national autonomous areas, the state shall give consideration to the interests of these areas, make arrangements favorable to the economic construction there and pay proper attention to the productive pursuits and the life of the minority nationalities there.
Enterprises and institutions affiliated to state organs at higher levels but located in national autonomous areas shall give priority to local minority nationalities when recruiting personnel.
Enterprises and institutions affiliated to state organs at higher levels but located in national autonomous areas shall respect the power of autonomy of the local organs of self-government and accept their supervision.
[p.Article 63] Without the consent of the organ of self-government of a national autonomous area, no state agency at a higher level may change the affiliation of an enterprise under the administration of the local government.
[p.Article 64] State organs at higher levels shall help national autonomous areas train, from among local nationalities, large numbers of cadres at various levels and specialised personnel and skilled workers of different professions and trades; in accordance with local needs and in various forms, they shall send appropriate numbers of teachers, doctors, scientists and technicians as well as managerial executives to work in national autonomous areas and provide the