| The high degree of autonomy is the core of the system of Special AdministrativeRegion, is the guarantee of the system of Special Administrative Region effectiveoperation, realize national unity, security and social stability, economic prosperity of theimportant guarantee. A high degree of autonomy of the dynamic and static configuration,realize the unitary state structure of central and local relations, make the system ofSpecial Administrative Region judiciary system, political system, economic structure,social management and effective operation. This article mainly studies the five aspects:the authority principle, the conflict analysis, coordination mechanism and the judicialdispute settlement mechanism.The first chapter, mainly analyzes the autonomy of the general theory, and putsforward a high degree of autonomy authorization essence. The first section, analysis theautonomous rights of basic connotation, basic elements and forms of expression. Basedon the general introduction of autonomy, make much clear the constituent elements, andthe operation forms, which all provides basic theory support. Second, analysis ofautonomy nature, and puts forward a high degree of autonomy authorization essence. Thehigh degree of autonomy has authorized the substantial foundation; put forward a highdegree of autonomy power and autonomy rights are highly autonomous authority ofspecific performance, both of them make up of the main content of a high degree ofautonomy. The third section analysis some concepts which in relationship with the highdegree of autonomy. They are a high degree of autonomy and sovereignty, a high degreeof autonomy and special administrative region system problems.The second chapter focuses on the analysis of a high degree of autonomyauthorization theory. The autonomy theory is affected directly by the he form of statestructure. A high degree of autonomy authorization theory must also be in this contextand background to form and interpretation. In section second, a high degree of autonomyand residual power. Firstly, analyzing the remaining power of the property, namely theresidual power is a federal state constitutional power distribution, and it is a federalpower under the operation of the specific morphology. Secondly, the high degree ofautonomy is the Chinese characteristic of local autonomy. By contract the theory andpractices of authority, Highlight the high degree of autonomy in the context of Chinaoperation features, and indicating a high degree of autonomy with Chinese characteristics,In section third, a high degree of autonomy in the range. Mainly analyzes the high degreeof autonomy authority basis, basic principles and main contents, a high degree of autonomy to clear the basic content and structure.The third chapter is the autonomy in running conflict. Mainly from three aspects,firstly, the influence factors of autonomy. It is the political, economic, legal andinternational factors which are a high degree of autonomy to run main internal andexternal conditions. Analysis of section second analysis the basic types of conflict. Theyare Administrative executive appointments problem, identity problems and democraticdilemmas in three main problems; the legislative and executive representative anduniversal suffrage after the opposition between the dual authorities. The third part makesthe Hong Kong and Macao highly autonomous power comparison. Through comparisonand analysis, pointed out Hong Kong should solve the promotion "the heart return" andthe legal system and perfection of the system is the Macao’s problems.The fourth chapter, indicate a high degree of autonomy operation coordinationmechanism, which is promote the each element interaction, mutual cooperation. The firstsection is an overview and characteristics of coordination mechanism. In concludingthree parts the coordination mechanism of multiplicity, diversity of form and function ofthe multi. in section second, the SAR autonomy in internal coordination mechanism.Mainly around the administration will be the main types, properties and functiondeployment. The third section analysis external coordination mechanism of a high degreeof autonomy. Finally, from entity and procedure, points out the coordination mechanismdeficiencies and problems, and puts forward the improving way.The fifth chapter is in a high degree of autonomy to run the judicial solutionmechanism. The first section indicates the article158th paragraphs of Hong Kong basiclaw, constitutes a basic interpretation of three layer construction. The second section isthe zone of interpretation of the basic law conflict. On the one side is the socialist legalsystem and common law system between capitalist system and theoretical differences; onthe other hand, article158th has inherent defect. That is, the allocation of defects of thebasic law, as well as the interpretation of the existing problems in the procedure of.Section third presents zone, perfect way and the way of interpretation of the basic law.Make sure that the principle of interpretation of the basic law is authorized by the centralgovernment. And allocation of powers and procedures... |
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