CHINA> Regional
![]() |
Ulterior motives behind Dalai's 'Memorandum'
(China Daily)
Updated: 2008-11-22 09:50 At a press conference of the State Council Information Office on Nov 10, Zhu Weiqun, executive vice-director of the United Front Work Department (UFWD) of the Communist Party of China (CPC) Central Committee, UFWD Vice-Director Sita and Executive Vice-Chairman of the Tibet autonomous region government Pelma Trilek briefed media on their talks with private representatives of the Dalai Lama from Oct 30 to Nov 5.
Zhu said the Dalai Lama's private representatives presented the central government a "Memorandum on Genuine Autonomy for the Tibetan People", which has drawn wide attention. On Nov 16, the Dalai side held a press conference in India. They distributed the "Memorandum", and claimed that it was completely in accordance with relevant clauses of China's Constitution and law and it could meet Tibetan people's demands of special interests, if it was implemented substantially. After a careful reading of the "Memorandum" and checking it against relevant Chinese laws, I found that contradictions with China's Constitution and laws were everywhere in the "Memorandum". Denial of China's regional autonomy system for ethnic minorities
The so-called local "matters" listed by the "Memorandum" are 11 issues such as language, culture, religion, education, environmental protection, utilization of natural resources, economic development and trade, public health, public security, administrative regulations on migrants, and exchanges with foreign countries. It also says that the central and local governments should set up a way to jointly solve issues of common concern and common interest and neither the central government nor the autonomous region could change the basic clauses of regional autonomy without the consent of the other side. To say it straight, it is what the Dalai Lama has repeatedly emphasized in recent years, "Except for foreign affairs and defense, all other issues should be given charge and full authority to Tibetans," and Tibet should follow the method of "one country, two systems" and adopt "genuine autonomy", and its "autonomous right" should be broader than that applied to Hong Kong and Macao. China is a unitary nation, unlike some nations that are federal states or confederations. Article 3 of the Chinese Constitution says, "The division of functions and powers between the central and local State organs is guided by the principle of giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities." Article 15 of the Law on Regional Ethnic Autonomy says, "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." There are no such problems as equal "negotiations" between the central and the local governments, seeking for mutual "consent" from one another, and establishing a "way to jointly resolving (problems)". China has established a regional autonomy system for ethnic minorities, which is cordially supported by people of all ethnic groups. The legislative framework of the Chinese regional ethnic autonomy has been well established and the legal system is being improved constantly. To date, government departments concerned have issued 22 supplementary documents, while the whole country has stipulated 134 provisions on autonomy, 429 separate provisions, and 74 supplementary regulations for the Law on Marriage and the Law on Election. Since the founding of the Tibet Autonomous Region in 1965, people of different ethnic groups have actively participated in the management of the national and regional affairs, by fully practicing their autonomous rights endowed by the Constitution and law. Of the deputies of all the previous regional people's congresses, those from Tibetan and other ethnic groups have always accounted for 80 percent or more, while all the chairmen of the regional people's congresses and regional people's governments have been Tibetans. The regional people's congress and its standing committee have stipulated 253 local laws, regulations and separate provisions, involving politics, the economy, culture, and education. The regional autonomy system for ethnic minorities is the basic policy for the country on ethnic issues, and it is a fundamental political system for the country. Both the Constitution and the Law on Regional Ethnic Autonomy have defined clearly the right of autonomy of all the autonomous regions. Unlike Hong Kong and Macao, Tibet does not have the problem of restoring the sovereignty and practicing a different social system, and thus it can not copy the models of "one country, two systems", "Hong Kong people govern Hong Kong", "Macao people govern Macao", and "A high degree of autonomy". By proposing the so-called "Genuine Autonomy" in the name of the Chinese Constitution, the Dalai Lama in fact attempted to deny China's regional autonomy system for ethnic minorities and the unified leadership of the central authorities, and set up another system according to their "political design". Demand for an independent, uncontrolled 'right of legislation' The "Memorandum" says, "Thus, whereas the Constitution intends to recognize the special need for autonomous regions to legislate on many matters that affect them, the requirements of Article 116 for prior approval at the highest level of the Central Government - by the Standing Committee of the National People's Congress (NPC) - inhibit the implementation of this principle of autonomy." "The exercise of autonomy is further subject to a considerable number of laws and regulations, according to Article 115 of the Constitution. The result is that the exact scope of the autonomy is unclear and is not fixed." It seems that the Dalai Lama side demands not only the "power to legislate on all matters within the competencies of the region" but the "legislative power" independent from the central authorities. Article 57 of the Constitution says that the NPC is the highest organ of state power, and Article 58 says that the NPC and the NPC Standing Committee exercise national legislative power. The Constitution is the fundamental and supreme law for a nation, and all laws and regulations, including autonomous regulations of ethnic autonomous regions and separate provisions of ethnic autonomous regions must not be contradictory to the Constitution. Meanwhile, regulations and separate provisions of ethnic autonomous regions often involve adaptations of state laws. It is reasonable that the Constitution demands for prior approval by the NPC Standing Committee before the regulations become effective. The procedure will not undermine the decision-making right of autonomous regions. Instead, it grants the right with a higher level of legislative protection. The "Memorandum" denies the supreme power of the NPC Standing Committee and demands for legislative power that is equivalent to the state level. Is it compatible with the Chinese Constitution? |
主站蜘蛛池模板: 91精品国产91久久久久青草 | 国内精品九一在线播放 | 日本老熟妇激情毛片 | 2019国产精品| 色天天躁夜夜躁天干天干 | 亚洲天堂2016 | 国产精品外围在线观看 | 国产三级毛片视频 | 欧美美女色| 黄色美女一级片 | 午夜神马理论 | 亚洲一区二区三区影院 | 怡红院宜春院 | 97视频免费在线 | 日韩久久一级毛片 | 成人亚洲精品一区二区 | 国产免费久久 | 成人在线视频免费观看 | 自拍视频在线观看视频精品 | 亚洲视频国产精品 | 一区二区三区国产精品 | 免费被黄网站在观看 | 亚洲操图| 国产亚洲精品久久久久久午夜 | 亚洲人成网址在线播放a | 亚洲va中文字幕 | 三级色网站| 国产精品久久久久久久专区 | 欧美日韩一级二级三级 | 亚洲美女免费视频 | 日本免费网址 | 视频在线一区二区 | 欧美成人午夜影院 | 俄罗斯毛片免费大全 | 国产成人毛片精品不卡在线 | 亚洲天堂一区在线 | 国产一区精品在线观看 | 日韩国产精品99久久久久久 | 中文字幕人成不卡一区 | 成年人免费在线视频观看 | 免费看a级片 |