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一国政治体制架构中,行政的职权配置及其与立法、司法之间的关系至关重要,是研究具体行政职权与行政法律关系的前提和基础。《香港特别行政区基本法》确立的行政主导模式集中体现了各国政制架构的发展趋势,其十余年来的运行状况又生动反映了两大法系的具体分歧与融合。以香港特区为视角,揭示行政职权设置及其运行机制的内在机理,可为行政职权的基础理论研究提供分析样本。
In one country’s political system structure, the configuration of administrative power and its relationship with the legislation and the judiciary are of vital importance. It is the precondition and basis for studying the relationship between the specific administrative power and the administrative law. The executive-led model set forth in the Basic Law of the Hong Kong Special Administrative Region has concentrated on the development trend of the constitutional structure of various countries. Its operating conditions in the past 10 years have vividly reflected the specific differences and integration between the two major legal systems. From the perspective of Hong Kong SAR, we can reveal the internal mechanism of the setting of administrative authority and its operating mechanism, which can provide an analytical sample of the basic theoretical research on administrative authority.