香港特别行政区基本法解读：中央与香港关系法治化之实现

在宪法话语下，香港特别行政区基本法是中国第一部实现中央与其组成部分——香港关系法治化的法律文件。它规定了中央与香港各自专有职权、共有职权及双方职权冲突解决机制，使二者关系走上法治化轨道。中央与香港关系法治化的实现，是由香港特殊的历史地位、香港特别行政区基本法制定方式及香港法治传统等因素决定的。在二者关系法治化进程中还有一些地方需要追一步完善，例如，特别行政区行政长官与中央关系、权力冲突协调机制及有关组织机构的性质地位等。香港特别行政区基本法确立的中央与香港关系法治化模式，对整个国家范围内中央与地方关系法治化有重要启示意义。

Interpretation on basic law of the HKSAR： The realization of rule of law between the China central government and Hong Kong

In the context of the Constitution, the Basic Law of the HKSAR is the first legal document in China that realizes the rule of law between the Central Government and Hong Kong. It provides the exclusive competence, shared competence as well as disputes resolutions mechanism thereof between the Central Government and Hong Kong, which makes their relationship towards the track of rule of law. The realization of this relationship is determined by the special historical status of Hong Kong, the legislative manner of the Basic Law of the HKSAR, the legal tradition of Hong Kong, and the like. However, in this process, some problems still need further improvement, such as the relationship between the Chief Executive of SAR and the Central Government, the coordination mechanism of power conflicts and the nature or status of relevant organizations and institutions. The model of rule of law between the Central Government and Hong Kong established by the Basic Law of the HKSAR has an important instructive significance to the rule of law between the central-local relationships to the whole country.