The Political, Jurisprudential and Constitutional Principles of the Institution Building of Special Administrative Regions

Author: Mo Jihong

 

Abstract: The theoretical explanations of the institution building of special administrative regions given by the academic circle are diversified at present, including "One Country, Two Systems", realizing the peaceful reunification of the motherland, the Basic Law, Article 31 of the Constitution, the Central Government's comprehensive governance power, the high degree of autonomy of special administrative regions, etc., each of which provides justification and legitimacy for the institution building of special administrative regions from a different angle. However, there is still a lack of systematic theoretical review of, as well as effective logical connections between, the above-mentioned theoretical bases. Neither is there classified and hierarchical research on them from the perspective of a theoretical system. In his important speech delivered in the celebration of the 25th anniversary of Hong Kong's return to the motherland and at the inauguration ceremony of the sixth government of the Hong Kong Special Administrative Region, President Xi Jinping comprehensively expounded the theoretical bases of institution building of special administrative regions from political, jurisprudential and constitutional perspectives, providing methodology and action guidance for the scientific understanding of the nature and the institution building of special administrative regions. To effectively implement the spirit of President Xi Jinping's important speech, it is necessary to establish scientific and reasonable logical connections among the political, jurisprudential and constitutional principles of the institution building of special administrative regions and clarify the most basic underlying logic of the system of special administrative regions as well as the political, legal and constitutional responsibilities of the Central Government and special administrative regions in the institution building. 

Key Words: One Country, Two Systems; the special administrative region system; basic laws; Political principles; jurisprudential principles; constitutional principles 

Author: Mo Jihong, director and research fellow, CASS Institute of Law, Chinese Academy of Social Sciences. 

Source: 6 (2023) Contemporary Law Review