On China's Interregional Conflict Of Penal Jurisdiction

Since the return of Hong Kong and Macao to China, as stipulated by the Basic Law of Hong Kong Special Administrative Region and the Basic Law of Macao Special Administrative Region respectively, the legal systems practiced in the two regions differ from that of the mainland. Hence, special administrative regions possess independent penal jurisdiction of their own. With the communication and development in politic, economy and culture between the Mainland, Hong Kong and Macao, the reality of increasing amount in interregional criminal cases and the independence of legal system in three regions, the conflict of the interregional penal jurisdiction has appear day by day. It is an inevitable issue in the communication between the Mainland, Hong Kong and Macao that the problem of interregional conflict and coordination of penal jurisdiction in China is based on the principle of one country, two systems. The settle this dispute, we should coordinate the actual exercise of the interregional penal jurisdiction, in order to maintain the legal order as well as social stability in each scope of law.The research of interregional criminal law started in the late 1970s. During this time, people focused on solving specific problems. The research content mainly involved principles to resolve the problem of legal conflict, the specific definition of penal jurisdiction, criminal judicial assistance and so on. During the 1990s, after the concept of "one country, two systems" which is proposed by Comrade Deng Xiaoping being implemented gradually, the prospect of problem solving on legal conflict between Hong Kong and Macao had became bright. It created the necessary legal basis by signing relevant treaty and agreement for the return of the two areas. The relevant legal research in this period concentrated on the internal legal relationship between three scopes of law under the principle "one country, two systems". Since 2000, scholars in each scope of law had a achievement in guiding thoughts and formed a full set of theory. For many complex and specific problems, there are still have many disputes in research, it remains need further cooperation by related areas. Based on defining the connotation of the interregional penal jurisdiction conflict, this article launched the preliminary discussion on the penal jurisdiction conflict from three aspects such as law, practical and the idea. China's interregional conflict of penal jurisdiction is different from the international law conflict, which is between the equal legal scopes. Hong Kong belonged to Anglo-American law system, it strictly acted up the principle of territorial jurisdiction. Macao belonged to continental legal system, it acted up the principle of territorial jurisdiction, personal jurisdiction, protection jurisdiction and universal jurisdiction. The difference and overlapping of the principle of penal jurisdiction determined the variety types of legal conflict. It was divided in three types, based on the element of people, based on the element of case, based on the element of people and case. Before the German reunification, the relationship between the federal Germany and the democratic Germany was as same as the relationship between the mainland and the special administrative region. Thus by making an analysis of criminal interregional study in Germany, combed through the gradual progress to the theory of our country, and finally proposed a system of principle-rule. On the premise of the general principle, rules can provide an adequate solution in specific case.