“特区租管地”:一种区域合作法律制度创新模式

The Leased Land under the Management of Special Administrative Region:A New Innovation Mode of Regional Cooperation System

澳门大学横琴校区"特区租管地"的尝试是"一国两制"的突破性创新,为我国现行法律制度下探索粤港澳合作新模式提供了可行的路径导向。归因于"特区租管地"租赁与管辖的双重法律属性,特别行政区对其的治理须以全国人大常委会的授权为前提,适用特别行政区法律为原则,并以租赁合同约定为依据。故而其设立也当经由议案的"提出"、"审查"、"批准",遵循严格的程序。以澳门政府横琴用地为代表的这一新型区域合作模式有助于推动内陆与港澳地区实现双赢、互惠、多元参与的开发与合作,具有继续推广的理论与现实意义。

The leased land under management of Macao Special Administrative Region, used by Macao University in Hengqin new area, is a breakthrough innovation of ＂one country two systems ＂, which also shows orientation for exploring collaboration mode among Guangdong, Hong Kang and Macao under current legal system. Due to double nature of the special leased land, management of special administrative region is dependent on clear mandate of the NPC Standing Committee, governed by laws of special administrative region and based on lease contract. Thus, establishment of new model should follow a strict set of procedural requirements, by advancing a proposal, examining and finally adopting it. This new collaborative mode will favor local governments to support the ongoing relationships and realize win-win situation as well as multilateral participation, which has great theoretical and practical significance for spreading and applying it in the near future.