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香港是中西文明冲突的独特产物,香港基本法是“一国两制”与中国国际化的独特宪制安排。“一国两制”内含丰富的国家理性,其宪制目标不限于香港本身的繁荣稳定和高度自治,亦包含国家主权、安全与发展利益的高位诉求。香港回归20年来,“一国两制”的内在冲突,显示的正是两种制度的文化冲突与价值博弈,但在国家发展与法治进步条件下也展现出国家整合的明确取向与路径。依法治港日益成为“一国两制”实践的最大共识。梁美芬博士的《香港基本法》一书即诞生于这一错综复杂的历史时段,以具有内地经历的香港法律人视角展现作为混合法的香港基本法之历史、现状和演变趋势,呈现香港基本法实施的主要宪制争议和制度细节,努力解释和沟通普通法与大陆法传统之间的法理差异和冲突。“一国两制”首先是国家制度实验,在香港面临某种结构性转型的发展难题,需要国家责任更加明确的确认与承担以及香港社会的共识凝聚与合力。
Hong Kong is a unique product of the clashes between civilizations in China and the West. The Basic Law of Hong Kong is a unique constitutional arrangement of “one country, two systems” and China’s internationalization. “One Country, Two Systems ” contains rich national rationality. Its constitutional goal is not limited to the prosperity, stability and high degree of autonomy of Hong Kong itself. It also contains the high demands of national interests, security and development interests. In the two decades since Hong Kong’s return to the Mainland, the internal conflict in “one country, two systems” shows exactly the cultural conflicts and values between the two systems. However, under the conditions of the development of the country and the progress of the rule of law, it also shows the clear orientation and path of national integration. Ruling Hong Kong by law has increasingly become the consensus of “one country, two systems” practice. The book of Hong Kong Basic Law was born in this intricate historical period. Dr. Leung has demonstrated the history, status quo and evolutionary trend of the Hong Kong Basic Law as a hybrid law based on the experience of Hong Kong legal professionals with a mainland experience. The main constitution of the Hong Kong Basic Law System of dispute and institutional details, and endeavor to explain and communicate the differences and conflicts of jurisprudence between the common law and civil law traditions. The principle of “one country, two systems” is, first and foremost, a test of state institutions. In Hong Kong, it faces some structural transformation challenges. It requires the recognition and commitment of a clearer national responsibility and the consensus and cohesion of Hong Kong society.