Research Of Chief Executive Selection And Appointment System Of The Hong Kong Special Administrative Region

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China stipulates the contents of the system for selecting and appointing the executive of the Hong Kong Special Administrative Region and provides the necessary constitutional normative basis.Guided by the great concept of "One Country,Two Systems",the Hong Kong SAR Chief Executive Election System has played an important role in demonstrating national sovereignty,helping to govern the region properly,and satisfying Hong Kong's high degree of autonomy.However,the system of selecting the Chief Executive which has practiced for more than 20 years has also begun to expose many questions,such as the difficulty of fully embodying the constitutional status of the Chief Executive,the lack of democratic democracy,and the difficulty of responding to Hong Kong's expectations of public opinion.Based on this,the Chief Executive's selection system needs to make timely improvements and changes according to the actual situation,and achieve the pre-set and ultimate goal of its construction.Based on the Constitution,the Hong Kong Basic Law,the relevant laws and regulations and the specific conditions of the SAR,this paper systematically examines the characteristics and deficiencies of the existing system of selecting and appointing Chief Executives from the three levels of theory,system and practice,and seeks solutions to the future of the Chief Executive General elections make recommendations.The first chapter takes the constitutional orientation of the Chief Executive of the Hong Kong Special Administrative Region as the starting point and sorts out the jurisprudence and logic of his electoral system.To clarify the static legal position and functions of the Chief Executive in a specific normative text,and to examine the dynamic development of the changing constitutional status of the Chief Executive in the constitutional order of the Hong Kong SAR,which is constantly being reformed by the Hong Kong SAR,in conjunction with the Chief Executive.Practice functions at both the national and SAR levels,embodying their constitutional powers and responsibilities.According to the constitutional orientation of the Chief Executive established by the Chief Executive System,the system of selecting and appointment the Chief Executive,which is based on the dual legality of election and appointment,as the special local chief executive under the "One Country,Two Systems" approach must satisfy the manifestation of national sovereignty and the SAR democracy.Advance the triple logic of social governance.The second chapter has carried out the three procedures of “Nomination”,“Election” and “Appointing” the existing system of chief executive elections and the structural analysis of the two main bodies of the central and special zones,which are referred to as “Selected Election and Appointment System”.The intrinsic value of the existing non-universal indirect elections and representations,the division of sectors and the right to equality,the government and accountability of the responsibility,and the inability to fully implement the central will,the expectations of the SAR society,the inability to meet the expectations of the SAR society,inability effectively constructing the practical dilemma of the administrative and legislative bridge,the central government and the SAR continue to work hard to promote the reform of the "Selection and Appointment System" in the practice of political reform.Although the process is blocked from time to time,the "Selection Appointment System" should be changed to the future "General Election and Appointment System".The basic value orientation of democratic expansion,sovereignty and gradual progress has been widely recognized and fixed by relevant documents of the Standing Committee of the National People's Congress.The third chapter,based on the theory,system and practice discussed in the first two chapters,should adhere to the central government's overall intention to transition the Election Committee to the Nominating Committee when constructing the future "General Election and Appointment System",reflecting the "Wide Representation" of the Nominating Committee.The principle of composition and the full meaning of the nomination of "Democratic Procedures".By drawing on the Electoral College in US Presidential Election,the creative design of a universal suffrage model that can resolve the disputes of the nomination mechanism,evade the shortcomings of the traditional universal suffrage model,and achieve the administrative and legislative linkages.The appointment mechanism will be fully inherited,and the three procedural mechanisms of nomination,universal suffrage and appointment will be used as the main framework for the construction of the "General Election and Appointment System".The fourth chapter analyzes the possible changes and influences on the three aspects of the SAR power system,the SAR social structure and the SAR governance after the implementation of the "General Election and Appointment System" in the form of sand table deduction.Due to the unbalanced “Partial Democratization” dilemma and the failure of the governing alliance,the relationship between the administrative and legislative branches of the SAR has been quite tense for a long time,and the universal suffrage model of district voting can strengthen the democratic power of the chief executive in the constitution and start from the election.In terms of constructing the relationship between administration and legislation,such an innovative universal suffrage model that conforms to the Basic Law of Hong Kong and relevant central decisions can help to resolve the predicament of "Local Democratization",coordinate the relationship between administration and legislation,and realize the administrative-led political system of the SAR.The social pattern of the SAR has always had many aspects and multiple levels of problems such as the disconnection between elite politics and mass politics,the division of sectors,the rise of populism,the lack of political party status,and the huge difference between rich and poor.The core of the SAR is the freedom and equality of different groups of society.The conflict between values,the "General Election and Appointment System" provides a system platform that has always been missing for the appeal of equality concept,balances two values,and establishes a rational interactive channel between the elite class and the ordinary people,and is expected to eliminate the extremely dissenting voice.Breaking the barriers between the sectors and narrowing the gap between the rich and the poor also provides a certain external institutional basis for the benign competition and political participation between political parties.The SAR governance dilemma constituted by the above problems will be cracked accordingly.The fifth chapter discusses the related risks and coping strategies after the implementation of the "General Election and Appointment System".As an important factor influencing elections,especially universal suffrage,opinion polls are a double-edged sword,and relevant legislation must be introduced to effectively regulate them.It is indispensable for the supervision of the chief executive's election system,and the most important thing in the system construction is to reflect the linkage between the central government and the SAR,and provide the necessary system for the central body of the “Final Responsibility”.Therefore,the supervisory body should choose to conform to the constitutional line."Representative of the National People's Congress of the Hong Kong Special Administrative Region,which is regulated by the Hong Kong Basic Law and has neutrality,authority and professionalism.For the impeachment system of the Chief Executive's ultimate accountability,there is the possibility that the SAR power and the central power will oppose each other from the existing system construction.In practice,it will be difficult to reconcile the constitutional conflict between the central government and the SAR.In the future,when constructing the impeachment system,the substantive role of judicial power in the impeachment system should be excluded,and a broadly representative and neutral and rational investigation and supervision institution should be constructed.The judgment power should be transferred to the SAR Legislative Council in accordance with the Hong Kong Basic Law,and the central government should fully exercise its decision-making power to deal with the issue of the impeachment of the Chief Executive.