| This dissertation focuses on legal conflicts caused in the process of legal practice of the theory of One Country, Two systems (OCTS). Through comparison, typical case analysis and conflict theory of sociology, it tries to justify the thesis as such: legal practice of OCTS not only causes real change of state structure, but also leads a new value, theoretic tendency and direction of China law and China law theory.Following research path of the rules of historic and logic development, this dissertation makes the theory of OCTS and its contributions to law theory as historic start-point, and its practical carrier and territory ---- Hong Kong rule of law ---- logic start-point. At first, it puts forward and proves the proposition that legal conflicts is the basic dimension of the practice of OCTS in the past ten years in Hong Kong(chapter one). It then, by typical cases research, demonstrates the conflicts from multiple dimensions and angles, and further proves the proposition (chapter two). The causes of legal conflicts such as social, systematic, ideological and juristic differences (chapter three), not only reflects irreversibility of legal conflicts, but also makes some inspirations as how to reduce or at least mitigate the conflicts. The value judgment of systematic, social and theoretic effects of legal conflicts (chapter four), and the countermeasures put forward in the dissertation as how to conform and improve constitutional system under the principle of OCTS (chapter five), illustrates the thesis of the dissertation, and also, in some way, examines the needs and possibilities of improvement of constitutional system under the doctrine of OCTS and the Basic law of Hong Kong Special Administrative Region of the People's Republic of China (the Basic Law). At last, it, from the point of view of reality, consititutionalism and jurisprudence, makes some predictions of the tendency of legal conflicts under the doctrine of OCTS, and also, in the background of globalization, complete unification of ethnic and state, peaceful rising and the great renaissance of Chinese ethnics, uniquely puts forward the concept of China Law Family (chapter six).In time, OCTS, since it was put forward at the end of 1970s and the beginning of 1980s, basically underwent the process from political thought to diplomatic policy, to constitutional principle, to legal system, to social order and to the reality of rule of law. In space,during the process of legal conflicts and legal interaction between the central authority and the Hong Kong Special Administrative Region (SAR), and in the specific society of rule of law, OCTS has demonstrated its special ability of amalgamation and vitality.The legal conflicts in the practical process of OCTS started from the first working day after the establishment of the SAR and have been continuing up to now. In space, the conflicts made the courts main stage, and then the hall of Legislative Council. Some people seemed preferring to street protest. In forms, the Hong Kong style judiciary review and administrative litigations appeared to be the basic one. The issues of the conflicts almost included all aspects in the legal system established by the Basic Law, such as separation and limits of powers between the Central People's Government (CPG) and the SAR, interpretation of the Basic Law, legal status of organizations assigned by the CPG in the SAR, national security, judicial review system of the SAR, the prosecutorial discretion of the SAR, basic right of residents in the SAR including right of abode, right of express, right of election, right to be elected, right of travel, right to enter and leave Hong Kong, right of equality between genders, democratic reform and progress of democratic reform, etc. As to the parts of the conflicts, the highest power and legislative organs of the central authority, judiciaries of the central legal region, executive, legislative and judiciary of the SAR have been involved. Hence, it was the legal conflicts that have structured the main dimension and composed principal rhythm of the ten years legal practice of OCTS.From the point of view of functioning of legal system, the conflicts between the central authority and the SAR have always been the core. The most important issue is power separation and power limit between the central authority and the SAR under OCTS and high autonomy, which includes power of legislation, power of interpretation of laws, what are affairs belong to the administration of the central authority and what are those belong to the administration of the SAR, jurisdiction, law enacted by the central authority but also applied in the SAR, and so on. The impact of the conflicts on OCTS itself and the legal system materialized from it are considerable and in almost all dimensions. They prove, on the one hand, the hard way of legal practice of OCTS, but also prove it scientific, realistically exercisable as an important constitutional and legal principle on the other. They completely failed predicts made by those who waited and saw, doubted or even wished the failure of the theory and practice of OCTS. Although OCTS has experienced so hard trial, it is still functioning and will continue to function even if conflicts are ongoing at the same time and will be inevitable in the future. More importantly, the conflicts in the process of legal practice of OCTS evidences the model merits to unification of our country as a constitutional and legal principle.The causes of conflicts are complicate. The leading one should be value and social psychology affected by it under different ideology. The usual presentation of conflicts is technical under different legal techniques, legal traditions and legal approaches. What we have to face and admit is that, because of those unique legal phenomenon in the process of legal practice of OCTS like social, economic, ideological technical, traditional and cultural differences, the application of laws enacted by the central authority in the SAR, the application of Hong Kong laws in the central jurisdiction, there are inherent conflicts between"the one country"and"the two system", and therefore, OCTS has to encounter some so-called no-answer legal questions. Hence, the choice of approaches for avoiding, mitigating and resolving conflicts should be multiple, including legislation, interpretation of laws, self-constrain of both central authority and the SAR, constitutional conventions formed and accepted by both sides in the process of legal conflicts and interactions. However, it is always important for both"the one country"and"the two system"(including both organs within systems, scholars and practitioners outside systems) to communicate and understand each other, to treat conflicts rationally, to constrain or self-restrict, void pan-politics and pan-ideology.Do serious legal conflicts negative the theory and system of OCTS? Based on conflict theory of sociology, the answer of this dissertation is negative. In contrast, the conclusion to the question is as follow. First, legal conflicts promote and conform mutual adaptation and accommodation of the two systems. It is worthy of paying prices for that. Secondly, legal conflicts reflect the two system's needs of legal positioning and functioning under the doctrine of OCTS, and offer worthful precedents. Thirdly, legal conflicts and interaction in the process of the conflicts create constitutional conventions for the running of the system based on OCTS. Fourthly, legal conflicts further corroborate the tolerance and flexibility of legal positioning and functioning. At last, legal conflicts speed mutual acquaintance, understanding, self-accommodation and amalgamation of the two systems.Although conflicts do not mean social or systematic sickness, we should not ignore the existence of so-called inherent conflicts and those no-answer questions. Some constitutional conventions, formed in the process of legal interactions and admitted by both sides, may play a part to adjust and control conflicts as a regulator or balancer. However, the fundamental approach to control conflicts should be improvement and reform of systems. The priority of such improvement and reform is to set up adjudicating system with proper procedure for conflicts between central authority and the SAR. This system is also closely relative to nationally constitutional reform and constitutes part of the reform. It would be reasonable to set up special organ when designing nationally judicial review system. And the price of the reform would not be so high if it is put in the process of national reform. On the basis of the present system, it would be prudent and desirable to strengthen the function of the Basic Law Committee, to improve its working procedure, to regulate committeemen's action, and to make the Committee a quasi-judiciary with systematic authority and wide recognition. This reform may also contribute some inspirations and experiences to national constitutional reform, to setting up national judiciary review system and to making our constitution judiciable.Conflicts under OCTS reflect the differences between western and eastern legal culture. It also reflects the reality of so-called civilization conflicts. It, on the other side, proves possibilities of co-existence and amalgamation of western and eastern legal culture by legally and rationally resolving conflicts. Legal practice of OCTS has offered guidance for unified Chinese legal system in the process to complete unification of ethnic and state. In company of unification of the state, peaceful rising of the state, the great renaissance of Chinese ethnic, the China Law Family, which is based on constitutional and legal principle of OCTS, takes"one country, two social systems, three legal systems, three legal languages and four legal jurisdictions as its general form, embraces different social systems, ideologies, legal techniques, fuses western and eastern civilization of legal system and legal culture, and absorbs different legal traditions, techniques and methods from different Law Systems, may be an trend in the process of China law development in the future. From the historic approach of complier of rules, maker of rules and exporter of rules, China Law Family, in company with peaceful rising, complete unification and great renaissance of our ethnic and country, will stand loftily in the east of the world, realize an unprecedented resplendence, and make active contribution to physical, systematic and cultural civilization of human beings.Legal practice of OCTS, at the same time, enlarges view angles and touch points of China law theory. It also reveals the fact that the theory has ignored legal practice of OCTS for long times when structure or restructure its theoretic system, and the fact that the theory has been dropped behind by practice."The law theory of OCTS"should be entitled to have a status of independent branch of study or, at least, a sub-branch in China jurisprudence. It has its own definite subject matter, wide theoretic view angles and view points, multiple and international researchers and plenty theoretic products, which is comparable to any branch of legal theory at any time.The old Chinese Law Family had her glorious history of radiating, influencing, leading and even dominating the development of regional legal civilization. In the background of globalization and China's peaceful rising, the concept of China Law Family may not only result in theoretic criticize, may also be purposely related with power, expansion or even colonization, and so-called"China's threat". China Law Family, in some way, is the logic reach and mark of unique of this dissertation, and also theoretic and practical puzzlement faced by the conclusion of it. Perhaps from the point of view, this dissertation, in some way, has raised more questions than it has resolved. However, what the writer absolutely believes in is the fact that today's China is not a country which was weak and frail, and was bullied by any others any more. The world has felt China's influence in the field of international affairs day by day. The world will feel that more and more. It is not important whether others take rising China as a threat. What is important is that we will prove ourselves by peaceful rising. As to perfect the theory, it takes time, and expects more concern and inputs.
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