中国籍港澳居民适用宪法权利义务规范研究

Study on the Application of Norms of Constitutional Rights and Obligations to Chinese Residents of Hong Kong and Macao

港澳居民中的中国公民理应享有宪法权利和履行宪法义务。然而,由于多方主体认知不足及制度衔接不畅,港澳居民适用宪法权利义务规范呈现不充分、不平衡的实践局面。以助推港澳融入国家发展大局为圭臬的管治港澳新时代,将推动港澳居民充分适用宪法权利义务规范。为纠正实践偏差,国家可从四大进路助推港澳居民充分适用宪法权利义务规范:观念上重视对内地及港澳居民有关宪法、基本法及国情的教育;分散立法模式拓宽港澳居民适用宪法权利义务规范的空间;多元行政路径促进港澳居民适用宪法权利义务规范;司法实践倒逼立法建构。

As Chinese citizens, Hong Kong and Macao residents should enjoy constitutional rights and fulfill constitutional obligations. However, due to the lack of awareness of many subjects and poor cohesion of the system, the application of norms of constitutional rights and obligations to Hong Kong and Macao residents presents an inadequate and unbalanced practical situation. To promote the integration of Hong Kong and Macao into the overall development of the country, Chinese government will actively promote the full application of constitutional rights and obligations of Chinese residents of Hong Kong and Macao in the new era. In order to correct the deviation of practice, Chinese government can promote the residents of Hong Kong and Macao to fully apply the norms of constitutional rights and obligations through four ways: it should attach great importance to the education of the residents of the Mainland, Hong Kong and Macao on constitution, basic law and national conditions;the decentralized legislative model should broaden the space for Hong Kong and Macao residents to apply the norms of constitutional rights and obligations;multiple administrative paths should promote the application of constitutional rights and obligations to Hong Kong and Macao resident;judicial practice should force legislative construction.