As an important part of the socialist legal system with Chinese characteristics, reason for reasoning and judgment can be provided by autonomous laws and regulations for legal disputes in ethnic autonomous areas. As the judgment instruments invoking autonomous statutes are combed, autonomous laws and regulations have entered the judicial practice of national autonomous areas. For the judicial application of autonomous laws and regulations, it is an important index to test the practicability of autonomous laws and regulations. There are 366 judicial documents that have showed the application basis of autonomous laws and regulations being not clear and the definition of autonomous regulations and local regulations being unclear in the process of application. In the paper, taking the judgment documents as the cutting point, it's to make a study from four parts. In the first part, the current legislative status of Chinese Regulations on National Autonomous Areas is made an analysis, and it's to make a summary of the legislative basis and legislative status of autonomous regulations. In the second part, the legal basis and applicable objects of the judicial application of autonomous laws and regulations are combed, and the legal rank of autonomous statutes is analyzed. In the third part, taking the legal documents of the autonomous laws and regulations of autonomous states in the judgment documents network as the object of analysis, the application status of autonomous laws and regulations in judicial practice is discussed. In the last part, the corresponding perfect path is proposed by analyzing the problems arising in the judicial application of self - governing regulations. In the paper, it's hoped to improve the application path of autonomous laws and regulations, and to strengthen the practicability of autonomous laws and regulations by making an analysis of the current status of the judicial application of autonomous laws and regulations.
自治法规作为中国特色社会主义法律体系中的重要组成部分,可以为民族自治地方的法律纠纷提供说理和裁判依据。通过梳理援引自治法规的裁判文书,自治法规已进入民族自治地方的司法实践。自治法规的司法适用是检验自治法规实用性的重要指标。据统计近年来多个裁判文书展现出自治法规在适用过程中自治法规司法适用依据不明确,自治法规与地方性法规的界定不清晰等问题。 本文以裁判文书为切入点,从四个部分进行了研究。在第一部分,分析了中国民族自治地方自治法规的立法现状,对自治法规的立法依据和立法现状进行了总结。在第二部分,梳理了自治法规司法适用的法律依据和适用对象,分析了自治法规的法律位阶。在第三部分,以裁判文书网中出现自治州自治法规的法律文书作为分析对象,探讨了司法实践中自治法规的适用现状。在最后一部分中,通过分析自治法规司法适用过程中出现的问题,提出相应的完善路径。本文通过分析自治法规司法适用的现状,以期完善自治法规的适用路径,加强自治法规的实用性。