The Study On The High Degree Of Autonomy Of The Special Administrative Region Of The People's Republic Of China

The high degree of autonomy is the core of the system of Special Administrative Region and it is the basis of the effective operation of the system of Special Administrative Region. This paper starts from the basic theory of the high degree of autonomy to overview the meaning, content, characteristics and nature of the high degree of autonomy respectively so that the high degree of autonomy is analyzed and distinguished from sovereignty, national autonomy, the residual power and other related concepts. What is more, the importance of the high degree of autonomy for the implementation of the policy “one country, two systems” under the constitutional system of our country is clarified. In order to promote the effective operation of the high degree of autonomy in the Special Administrative Region, our country has carried out multi-level guarantee to the high degree of autonomy from the aspects of the law, the organization and the procedure.However, there are still some problems of operation in the aspects of the legislature, judicature and administration. The reason is there is still some deviation in terms of understanding of the connotation of high degree of autonomy. There is no clear stipulation for the high degree of autonomy by the basic law, not perfect supervision system, and unreasonable coordination and there is a conflict in terms of the right of interpretation of the basic law. In the understanding of the connotation of the high degree of autonomy, a comprehensive knowledge of “one country, two systems” should be achieved. And an accurate grasp of the nature of the high degree of autonomy should be realized; in terms of supervision of a high degree of autonomy, we should not only supervise the operation of high degree of autonomy in the macro level but also urge the Special Administrative Region to establish a internal supervision mechanism as well so that the high degree of autonomy is able to operate within the limits of its mandate, especially the coordination mechanism of the Special Administrative Region which includes internal coordination mechanism and external coordination mechanism. The internal coordination mechanism is the Executive Council; the external coordination organization is the Committee of the Basic Law. The perfection of the Executive Council and the Committee of the Basic Law is conductive for the coordination between the central government and the Special Administrative Region and the internal relations of the Special Administrative Region. In the aspect of the interpretation of the basic law, as it is easily for the collocation of “dual” structure to lead to the conflict of interpretation, we should clarify the authority of interpretation of the basic law for the court of Special Administrative Region and perfect the procedures and rules of the right of interpretation, which is important to clarify the relationship of “dual” interpretation right and implement the high degree of autonomy.