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民族自治地方立法程序是民族自治地方立法工作正常、有序进行的基本保障,是民族自治地方立法价值获得正当性的重要途径。现实中的民族自治地方立法程序虽有了长足的进步,但存在正式程序规则的稀疏,有效表达和博弈机制的缺乏,充分交涉程度的低下等弊端,针对这些问题,笔者从立法规划与计划的编制、起草、草案的提出、审议、表决、自治条例和单行条例的报批制等多方面提出了立法建议,以期使民族自治地方在保证立法内容公正的基础上,进一步实现法的价值。
The legislative procedure in ethnic autonomous areas is the basic guarantee for the normal and orderly conduct of legislative work in ethnic autonomous areas and is an important way to obtain the legitimacy of the legislative value in ethnic autonomous areas. In reality, although the legislative procedures of ethnic autonomous areas have made great strides, there are some shortcomings such as the sparse formal rules of procedure, the lack of effective expression and the game mechanism, the low degree of full negotiation, and so on. In view of these problems, from the legislative planning and planning Making, drafting, drafting, deliberation, voting, self-government regulations and approval of unilateral regulations and other aspects of the legislative proposals put forward to make the autonomous areas of the country to ensure that the contents of the legislation on the basis of fairness, to further realize the value of law.