National-territorial autonomy in the People’s Republic of China as a form of political and legal structure

It is indicated that national-territorial autonomy is a key element of the state system of the PRC. It combines centralized party leadership with limited autonomy of national minorities. This system creates discrepancies between legal norms and governance practices, which emphasizes its relevance for modern constitutionalism. The article examines national-territorial autonomy in the People’s Republic of China as a specific form of political and legal system. The constitutional and legal principles of the functioning of autonomous entities in the PRC are analyzed, in particular the provisions of the 1982 Constitution and the 1984 Law «On National-Territorial Autonomy». The structure of the administrative-territorial system of China, which includes five autonomous regions: Inner Mongolia, Xinjiang-Uyghur, Guangxi-Zhuang, Ningxia-Hui and Tibet, is considered. The authors highlights the contradiction between the legally enshrined rights of autonomous entities and their actual status in the centralized system of state administration. It is determined that despite the constitutional guarantees of national and cultural autonomy (the right to use national languages, preserve cultural traditions, appoint representatives of the titular nationality to leadership positions), real political power in the autonomous regions belongs to the Communist Party of China. The article identifies key problems in the development of autonomous regions: limited real autonomy, strict political control by the central government, a policy of cultural and linguistic assimilation, economic inequality and social conflicts. A comparative analysis of the Chinese model with autonomous entities in the USA, Spain and Canada was conducted, which allowed us to identify significant differences in approaches to regional self-government and protection of the rights of national minorities. The authors analyzes the prospects for reforming the autonomy system in the PRC, considering possible development scenarios in the short, medium and long term. It is concluded that national-territorial autonomy in China remains largely declarative, and without significant changes in the political system of the PRC, autonomous regions will continue to be under the full control of the central government.