Demonstration text in the coordination of the rule of law in the Guangdong -Hong Kong -Macao Greater Bay Area
March 30, 2022 09:45 Source: "Chinese Social Sciences" March 30, 2022 Total 2378 Author:

The Guangdong -Hong Kong -Macao Greater Bay Area is from Guangdong (including nine cities)、Hong Kong、A total of 11 cities in the three places in Macau。Because in the context of "one country, two systems",We allow Hong Kong and Macau to implement different politics、Economic and legal system,Coupled with the different historical and cultural backgrounds of Hong Kong, Macao and the mainland,It is difficult to solve the problem of the conflict of rule of law in the general rule of law coordination in China。Therefore,Adopting demonstration text or demonstration methods is more suitable for the characteristics of the Greater Bay Area。

As a way to coordinate the conflict of conflicts of laws and norms in different homes,Demonstration Method Methods originated from the British and American French countries,Start from the United States first。In the United States,In order to coordinate the conflict of the legal norms of each state,The National Committee of the United States Unified State Law、American Law Society、American Lawyers Association and other unofficial organizations,Legal text drafted by yourself,Recommend to each state,Choose adoption from each state,and become an integral part of the legal norms of various states。Demonstration method itself does not have legal binding,Not to have compulsory execution,Each state can also make necessary modifications on the demonstration method when selecting。Later,The coordination method of demonstration method is also Canadian、Australia and other countries are widely adopted,Used to coordinate conflicts of legal norms in different regions of the country。With the development and application of demonstration bet365 best casino games methods,It is also widely adopted by international organizations,Used to coordinate the conflict of laws from various countries,Especially in the field of international private law, more use。For example,The "International Commercial Arbitration Demonstration Law" formulated by the UN International Trade Law Committee and the "International Commercial Contract Light" formulated by the International Unified Private Law Association,It has a greater impact on the unity of legal norms in related fields in various countries。Of course,Demonstration Law is mainly used to coordinate the issue of the consistency standard of legal norms,Preventing different specifications from all parties to prevent the same matters,Conflict,and those legal specifications with comparative advantages,This method cannot be coordinated。

As far as the coordination practice of the rule of law in the Guangdong -Hong Kong -Macao Greater Bay Area,First,Demonstration text can solve the problem of conflict conflicts in different regulations in different regions in the Greater Bay Area。Different homes,This is the background of the initial application of demonstration text。Whether it is the United States、Coordination of the rule of law within countries such as Canada,It is still the rule of law coordination in the field of private law,Differences of the coordinated main region or the differences of the legal system are important reasons for using demonstration text coordination。Different homes on the same or similar problems,There are different tendencies in both ideas and regulatory methods,It is difficult to make unified coordination by the central government。The text of the demonstration method will make a proposed rule in terms of content and standards,Provide reference text content for all parties in the Greater Bay Area,Allows all parties to be based on the needs of their own rule of law and legal bet365 best casino games system,Make necessary absorption,While better solving the problem of conflict conflicts in various places,It also fully respects the characteristics of their legal system。

Next,Demonstration text can solve the problem that it is difficult for national law to apply directly in the Greater Bay Area。Although the Guangdong -Hong Kong -Macao Greater Bay Area belongs to the inseparable part of the territory of the People's Republic of China,But in accordance with the provisions of the Hong Kong and Macau Basic Law,In addition to the national laws and specifications that are clearly listed in the attachment of the Basic Law,The legal principle of the People's Republic of China is not directly applicable in Hong Kong and Macau,From this,Make the rule of law in the Guangdong -Hong Kong -Macao Greater Bay Area and the Yangtze River Delta、Beijing -Tianjin -Hebei and other areas have large differences。For the latter,If necessary, the central government can directly formulate a unified legal specification for it,to achieve the purpose of coordinating the legislative conflict of various places。But,For the Guangdong -Hong Kong -Macao Greater Bay Area,There are legal obstacles。Demonstration text can effectively solve this problem,Texts that are not legal binding and forced by related organizations,A absorption of demonstration text content from various places,and convert into part of their respective legislation,can effectively solve the problem of conflict between legal norms in various places。

Last,Demonstration text can solve the coordination of different legislative permissions from the Greater Bay Area。In the Guangdong -Hong Kong -Macao Greater Bay Area,There are large differences in legislative authority in the three places and 11 cities。For Hong Kong and Macau,Except for national defense、Diplomacy and other minority matters that belong to the Central People's Government,Other matters are matters within the scope of high autonomy,bet365 live casino games They can make full legislation,Just report to the Standing Committee of the National People's Congress for filing。and Guangdong in the Mainland and its nine cities,It is much narrow in legislative authority。Except Shenzhen、Zhuhai as a special economic zone with special economic zone legislative rights,Others are the legislative power of ordinary places,and Guangzhou、Foshan、Zhongshan、Dongguan、Huizhou、Jiangmen、Zhaoqing and other seven cities with only the legislative rights of cities with ordinary districts,Only "urban and rural construction and management、Environmental protection、Matters in History and Culture Protection "" Perform local legislation。and,Even Shenzhen、Legislative rights of the Special Economic Zone in Zhuhai,It is not comparable to the legislative authority of Hong Kong and Macau。Different legislative permissions,It is difficult to achieve the purpose of the rule of law through the form of unified and standardized。Demonstration text can be absorbed and transformed on the ground according to their own legislative power.,Especially in the mainland place, there is something to do within its legislative authority; and,Where necessary, the Mainland can also be authorized by applying for the law of the National People's Congress and its Standing Committee,To appropriately expand local legislative permissions,To solve the problem of too narrow legislative authority in certain items。

Visible,The situation of the Guangdong -Hong Kong -Macao Greater Bay Area is different from the United States of the Federal State of the Federal State in the use of demonstration methods.、Canada and other countries,It is also different from the legal conflict in the field of private law that is coordinated by demonstration methods,But with two systems、Three -field、Three individual customs areas and the realistic status of the Greater Bay Area with Bet365 lotto review three currencies,Demonstration text for the demonstration method also has a good reference value,It can coordinate the conflict of legal norms in the Greater Bay Area。

Then the question is,Who is drafted by the demonstration text,How to ensure the quality of the demonstration text,How to choose related operations such as the selection of demonstration text,can be divided into the following steps。

First,Drafting stage。Generally speaking,Demonstration text is more suitable for drafting by social organizations or civil organizations without interest。But in my country's current social organizations, especially high -level social organizations, are not many,Add these organizations to understand the content of coordinated legislative matters required,The way to draft social organizations is not necessarily feasible。For this,You can adopt official organization and social organization、The way to draft folk organizations to solve the problem of drafting of demonstration text。Specifically,For legislative matters that need to be coordinated,Legislative agencies that can be entrusted by three or three places can adopt the method of bidding,Invite social organizations with the ability to draft、University、Civil groups and even related administrative agencies or institutions to draft,In particular, the drafting tasks can be drafted by professional teams by purchasing public services in social public services,Sign a related drafting agreement,Requires to be drafted as matters that need to be coordinated,Drafting demonstration text。

2,Modify the confirmation stage。Relevant organizations are drafted and submitted to the relevant agencies or departments of the three places for review and modification。In order to ensure the high quality of the demonstration text and the needs of the development of the Greater Bay Area,During the review and modification process,Three places must conduct extensive discussions、Consultation,You can also solicit opinions bet365 best casino games extensively,Modify according to the need for the construction of the rule of law in the Greater Bay Area,Text that forms consistent opinions,and formally establish it as a demonstration text。Of course,The confirmed demonstration text and different from the government agreement signed by the three parties,The text itself does not have legal binding power,It is just a reference text for all parties。

third,Select stage。The Guangdong -Hong Kong -Macao Greater Bay Area is selected by the content of the demonstration documents in accordance with their respective conditions。Because the demonstration text is the final text determined by all parties,So,Unless special situation,Generally, all parties will not be retained,This can achieve the purpose of real coordination。Of course,All parties can also make appropriate modifications on some content of the demonstration text,To the actual situation suitable for local,But this modification should not be a substantial modification。

Fourth,Legislative transformation stage。Demonstration text After all, it is a text without legal binding,To make it a legal binding content,It must also be transformed by legislative method。Here,Convert text。For Hong Kong and Macau,You can use your own Legislative Council,Transform the selected demonstration text into the legal specifications of the special administrative region,Applicable in Hong Kong and Macao; for Guangdong and its nine cities,The legislative procedures such as the review of the local legislature,Transformation into local legislative specifications,It can be passed through the form of local regulations,can also be passed through the form of local government regulations,Perform the corresponding legislative procedure,and timely approve or filing procedures for local legislation。Of course,With the development of social development and cooperation,The emergence of the new situation may Bet365 lotto review need to be modified,For the modified content,Also can also formulate a new way of demonstration text,A absorption and conversion in accordance with the above procedures,The content of the rule of law in the Greater Bay Area is advancing with the times。

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(Author Unit: School of Law of Hohai University)

Editor in charge: Chen Jing
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