中央对香港特别行政区监督权若干问题研究

Research of Power of Supervision of the Central People's Government of the PRC to the Special Administrative Region

中央的监督权是中央作为主权代表所固有的权力,它是中央对香港所承担的宪制责任的重要体现,也是"一国两制"方针得以准确实施和香港持续繁荣稳定的重要保证。中央监督权的范围应该涵盖整个香港特别行政区的高度自治权所涉及的范围。应完善基本法所规定的监督机制,中央也有责任依法积极主动行使,同时,不能干涉香港特别行政区的高度自治权。

As the sovereignty representative,the Central People's Government of the PRC has the inherent power of supervision to a high degree of autonomy of the Special Administrative Region of Hong Kong. From the perspective of Constitutional responsibility,the power of supervision reflects the comprehensive governance of the Central People's Government to Hong Kong. It is also an important guarantee to implement the policy of 'one China,two systems'and maintain the continued prosperity and stability of Hong Kong. Therefore,the scope of power of supervision of the Central People's Government should cover the entire scope of the high degree of autonomy of Hong Kong. The implementation of power of supervision of the Central People's Government improve the supervision mechanism based on the provisions of the Basic Law of Hong Kong,which require the Central People's Government actively exercise the power in accordance with the law. It cannot interfere with a high degree of autonomy of the Hong Kong.