On The Influence Of Constitution Law To Chinese Interregional Conflict Of Laws

Since Hong Kong and Macao gradually return to the motherland,the Chinese legal system from a single legal region into more than ones,it's a problem that we have to face and solve the interregional conflict of laws in China.After ten years of exploration and practice, the Mainland,Hong Kong and Macao of(in fact,strictly speaking,China has four legal regions,apart from the Mainland,Hong Kong and Macao,as well as Taiwan.Taiwan is an inalienable part of China,but because of historical reasons,Taiwan's situation is very complex,given the length of this thesis is limited,so will not involve the question of Taiwan)coordinate and resolve the problem and made many efforts to obtain a certain score.However,because of China's special conditions created a unique interregion conflict of laws in the world,our progress on the whole is slow.Practice,our thinking is based on "arrangements",on the individual agreement to form a consistent approach in order to coordinate and resolve a single aspect of this inter-regional conflict of laws.Chinese interregional conflict of laws issues involved are very broad,each conflict demonstrated by the intensity is also very different.Some relatively easy to reconcile,these conflicts we can of course use the "Arrangement" to solve first.But easy to reconcile the conflict are very rare, and most are not easy to reconcile,and even at this stage and in the future period of time can not co-ordinate."Arrangement" is not the ultimate destination of solution our country interregional conflict of laws,but also should not assume so much responsibility.With increasingly close contacts between the three jurisdictions' people,coordination Chinese interregional conflict of laws is becoming increasingly urgent,in the face of such situation, we must step up on this issue in-depth study.Saying goes,said:"Whoever started the trouble should end it." In fact,this sentence contains a wealth of philosophical logic,that is to say you want to solve a problem,it is necessary to trace back.A phenomenon caused by the cause,is bound to address this fundamental problem lies."One Country,Two Systems" is the reason that Chinese legal system from a single legal region towards more than ones,because its meaning is that a sovereign country under the premise of the Mainland,Hong Kong and Macao of three domains of political,economic,social,legal system remained basically unchanged.The "one country,two systems" fully integrated into Chinese Constitution Law,so it is the fundamental legal reasons for Chinese interregional conflict of laws' arising.This is a simple,inevitable logic.However,a long time,looking for how to resolve inter-regional conflict of laws,very few scholars from this "source" to thinking,has a serious problem in ideas.This article from the perspective of the Constitution,combined with foreign advanced experience in this region, use of comparative study and analysis of inductive methods,from the "source" on a thorough and detailed analysis of China's inter-regional conflict of laws,go look for the best path for solution Chinese Interregional Conflict of Laws.At the same time must make it clear that the Constitution referred to in this article refers to a broad sense of the Constitution,in this paper mainly refers to "the Constitution of the PRC"(hereinafter referred to as "the Constitution"), "Hong Kong Special Administrative Region Basic Law," as well as "Macao Special Administrative Region Basic Law."...