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The Relationship of the Expansion of Local Legislative Power with the Urbanization in China, the Implementation of Poverty Alleviation Program and the Protection of Minority Rights --A Case Study of Yunnan Province
September 28,2016   By:chinahumanrights.org
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Zhu Liyu (photo: Zhao Yifan)

The Relationship of the Expansion of Local Legislative Power with the Urbanization in China, the Implementation of Poverty Alleviation Program and the Protection of Minority Rights
--A Case Study of Yunnan Province
 
Zhu Liyu

Professor and Deputy Director of Center for Human RIghts Studies 
of Renmin University of China
 
Abstract:The revised Legislation Law expands the local legislative power, which means the new local legislative power conferred on the districted cities and the increase of local legislative power enjoyed by the autonomous prefectures. Yunnan is one of the provinces with greatest expansion of local legislative power after the revision of Legislation Law. Upon expansion of local legislative power, relevant regions shall, in accordance with the Constitution and laws, take the promotion of China’s urbanization process as one of their goals and implement relevant legislation from perspectives like implementing poverty alleviation program, dealing with regional overall poverty problems and protecting minority rights. The fundamental direction and basis of such legislation is the 13th Five Year Plan. Local legislative bodies shall, upon such expansion, consider the tendency of local urbanization process and the possible negative effects thereof in the legislative process, incorporating the urbanization process into the rule-by-law system instead of exercising legislative power blindly. Being closely related to the realization of poverty alleviation of rural poor, the urbanization process itself is the process of poverty alleviation. Therefore, relevant regions shall, upon such expansion, implement relevant legislation from the perspective of solving regional overall poverty problems while promoting the urbanization process. In China, the urbanization process, especially the realization of poverty alleviation of rural poor, shall focus on the minority areas. Relevant regions shall, upon such expansion, further implement relevant legislation in accordance with the Constitution and laws from the perspective of protecting the minority rights, which is closely related to the development of minority regions, Yunnan is a minority region as well as a border area, where exists quite a few distressed areas and concentrated scaled poverty-stricken areas. Therefore, the rights of minorities living in Yunnan shall be and could be further protected. The most important aspect of protecting the minority rights is to protect their rights of economic and social development. However, supporting the minorities to get rid of poverty is the primary task for Yunnan. Compared with other provinces or other ethic autonomous regions, Yunnan still have more and harder legislative work to be done, such as work concerning the further protection of languages and characters of minorities within the province. Considerable attention shall also be paid to the legislative planning and relevant systems upon such expansion. Relevant regions including Yunnan shall, in accordance with the 13th Five Year Plan, formulate their own legislation planning. And in the process of urbanization promotion, there still exists more and harder legislative work to be done for the further protection of minority rights. Even after the completion of the 13th Five Year Plan, the urbanization process in China should be continued as well as the work to prevent “re-poverty”. And the protection of minority rights is especially a long-term legislative task.
 
Keywords:local legislative power, urbanization, the 13th Five Year Plan, poverty alleviation program, minority rights, legislative planning
 
Zhu Liyu, Professor, Renmin University of China Law school.