Reflections on the “Dual-Core” Flexible Adaptation of Ethnic Law and Pathways for Optimization

“双核”民族法律变通权的反思与优化路径

The flexibility of ethnic law within the legal framework serves as a vital mechanism to mitigate the inherent tensions between national laws and the socio-cultural realities of ethnic regions, thereby ensuring ethnic equality and fostering a stronger sense of ethnic identity. Through both theoretical and empirical analyses regarding the adaptability of self-governing laws in ethnic regions, it has been identified that limitations in legislative techniques, along with ambiguously defined delegated legislation, impede the advancement of “flexibility rights.” An overabundance of subjective initiative can lead to arbitrary enforcement of flexible laws. From a legislative standpoint, it is essential to standardize the entities responsible for adaptation, harmonize legislation across provinces and autonomous regions, refine broad authorizations, and delineate clear scopes for such authorizations. From an implementation perspective, establishing benchmarks for discretionary powers related to flexible execution while specifying enforcement scales and bases represents a constructive approach to enhancing governance capacity in ethnic affairs—ultimately promoting high-quality development within this domain.

民族法律变通权是在法律框架内缓解国家法与民族地区社会现实内在张力，保障民族平等，增进民族认同的重要举措。通过对民族自治地方法律变通权的理论分析和实证分析发现，立法技术的限制和抽象模糊授权立法掣肘“变通权”的完善，失度的主观能动性滋生执行变通的肆意。从立法维度，规范变通主体，形成省、自治区协同立法，清理宽泛授权，明确授权范围；从执行维度，建构变通执行裁量权基准，具化执法尺度和依据，是提高民族事务治理能力和水平，推动民族工作高质量发展的有益探索。