Font Size: a A A

Legalizing The Relationship Between The Central And Local Governments From The Point Of View Of One Country Two Systems

Posted on:2012-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:G J PanFull Text:PDF
GTID:2166330335973549Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Whether in ancient or modern state and whether in a single system or in the federal state, the relationship between central and local government is very important. The nature of the relationship between them is the allocation of the authority and responsibility. From a historical point of view, if the relationship between central and local power isgood, economic and social development will be stable. If the relationship is bad, economic growth is a big risk and national unity and stability may not ensure. The relationship requires careful study in the executive, legislative, judicial and other fields.In order to receive a strictly limited government power, typical states use the modern method of the rule of law. Then the distribution of power has become apparent. In a huge and uneven distribution unitary state, the issue is more important. China is such a state."One Country Two Systems"has provided valuable experience on the relationship between Central Government and Local China. As early as before the handover, the relationship went along the track of legal channel. Because of the basic mechanism for handling the relationship between them, consultation and discussion is open on related issues. Nothing or no one can interfere in these things freely.First of all, the sources of power of the Special Administrative Region (SAR) are clear. The SAR and other ordinary administrative region in China are same essentially on the source of power. They got the power based on the central authority of power. This is consistent with the basic characteristics of unitary state. Different Regions of the different systems can learn from each experience.Secondly, executive-led system continues to exist in the Special Administrative Region. It was suggested to use the Western model of separation of powers in the SAR. However, this proposal was eventually rejected. Because of the executive-led system, the administration has great power. The head of the district leaders is the head of district government. At the same time, the Chief Executive's powers are subject to multiple constraints.Once again, the SAR legislature has independent right of law-making. They can enact its own law within the District if the law does not conflict with the Constitution and the Basic Law.And finally, the SAR is a high degree of independent judicial power, the role of the judiciary is the most special. Because of the status of neutrality, a judicial ruling is credible. People often go to court to solve the problem. All proceedings will be solved by the court to rule according to lawSince the establishment of the SAR, the friction and disputes occur from time to time. But the dispute can not be simply to distinguish between good and bad. They reflect the different understanding about"one country two systems"and the Basic Law.It did not shake base of"one country two systems". The means of the rule of law makes the combination of centralization and decentralization of the SAR.It both safeguards the authority and the full autonomy of the SAR.Regional constitutional arrangements greatly enhance the SAR's economic, social and democratic Index.Involved in the SAR distribution pattern of these rights, on the national level between central and local processing rather reference. Based on the pattern above, "one country two systems" give great contribution on the issue of the relationship between central and local government.
Keywords/Search Tags:One Country Two Systems, the Relationship between the Central and Local Governments, Legalization, Power
PDF Full Text Request
Related items