In the form of state structure, what is unitary system? What is a composite system?

First, the national structure of China.

(A) the concept and type of state structure

The form of state structure refers to the form adopted by the ruling class in a particular country to adjust the relationship between the whole country and the central and local governments according to certain principles. If the political system or the organizational form of political system represents the state power system horizontally, then the state structure form represents the state power system vertically. Modern countries have two national structures: unitary system and federalism. The unitary system refers to the national structure that the national disaster consists of several ordinary administrative units or autonomous units. Under the unitary system, the country has only one constitution, a supreme legislature, a central government and a complete judicial system. The power of local government is granted by the central government, and every citizen has only one unified nationality. Federalism means that the national structure of a country consists of two or more member States (states, states, * * and countries, etc.). Under the federal system, except for the federal constitution, each member country has its own constitution. In addition to the federal legislature, government and judicial system, each member country also has its own legislature, government and judicial system. Citizens have both federal citizenship and membership citizenship.

Although what kind of national structure a country adopts depends on many factors. Mainly depends on historical factors and ethnic factors. That is, the historical tradition formed by a country and the composition, distribution, ethnic relations and economic development of all ethnic groups.

(b) China is a multi-ethnic and unified country.

According to the preamble of our Constitution, People's Republic of China (PRC) is a unified multi-ethnic country jointly created by the people of all ethnic groups in China. This provision shows that the unitary system is China's state structure, and there are two main principles that determine China's adoption of the unitary state structure:

1. Due to historical reasons, since Qin Shihuang unified China, China has established a unified centralized state. Although there were separatist regimes, the time was short and the situation of national reunification always prevailed. The long-term historical tradition determines that we must establish a unitary state structure.

2. Ethnic reasons. China is a multi-ethnic country, and the historical situation and ethnic relations of all ethnic groups determine that under the specific conditions of our country, federalism should not be adopted, but unitary system should be adopted.

Second, the system of regional ethnic autonomy in China.

(A) the concept of regional ethnic autonomy system

The system of regional ethnic autonomy refers to a system in which, under the unified leadership of the state and based on ethnic minority areas, corresponding autonomous areas are established, organs of self-government are set up, autonomy is exercised, and ethnic minority people who exercise regional autonomy independently manage their internal affairs.

The system of regional ethnic autonomy includes the following main contents.

(1) All ethnic autonomous areas are inseparable parts of the people and the state of China, and the organs of self-government of all ethnic autonomous areas are local organs of political power under the unified leadership of the central government; (2) Regional ethnic autonomy must be based on ethnic minority areas, which is a combination of ethnic autonomy and regional autonomy; (3) Establishing organs of self-government in ethnic autonomous areas. In addition to exercising the functions and powers of local state power organs stipulated in the Constitution, organs of national self-government can also exercise extensive autonomy according to law.

(B) the necessity of implementing the system of regional ethnic autonomy in China.

Regional ethnic autonomy is our party's basic policy to solve ethnic problems and a basic system with China characteristics and in line with China's national conditions. It embodies the organic combination of centralized and unified national leadership and regional ethnic autonomy. The implementation of this system is not only conducive to national unity and national unity. Safeguarding the equal rights of ethnic minorities and the right to be masters of their own internal affairs is conducive to combining the principles and policies of the party and the state with the characteristics of ethnic minority areas, and taking the socialist road in a way and step suitable for the characteristics of ethnic minority areas, thus promoting the progress of ethnic minorities and the development of economic and cultural undertakings in ethnic minority areas.

(3) organs of self-government of ethnic autonomous areas

Ethnic autonomous areas refer to the administrative areas where regional ethnic autonomy is practiced. According to Article 30 of the Constitution, ethnic autonomous areas include autonomous regions, autonomous prefectures and autonomous counties. Ethnic townships are not ethnic autonomous areas.

The organs of self-government of ethnic autonomous areas are the people's congresses and governments of autonomous regions, autonomous prefectures and autonomous counties. According to the Constitution, the standing committees of people's congresses of autonomous regions, autonomous prefectures and autonomous counties shall have citizens of ethnic groups exercising regional autonomy as directors or deputy directors. The chairman of an autonomous region, the governor of an autonomous prefecture and the head of an autonomous county shall be a citizen of the ethnic group exercising regional autonomy.

(4) the right of autonomy in ethnic autonomous areas

Autonomy in ethnic autonomous areas refers to the right of organs of self-government in ethnic autonomous areas to independently manage their internal affairs according to the actual situation in accordance with the Constitution, the Law on Regional Ethnic Autonomy and other laws. The Constitution and laws mainly stipulate the following aspects:

1. Formulate autonomous regulations and separate regulations. Autonomous regulations refer to the comprehensive regulations on the affairs management of autonomous areas formulated by the people's congresses of ethnic autonomous areas in accordance with the provisions of the Constitution and laws, combined with the local ethnic political, economic and cultural characteristics. Separate regulations refer to the laws and regulations formulated by the people's congresses and their standing committees in ethnic autonomous areas within the scope of autonomy, according to the characteristics of local ethnic groups and aiming at specific problems in a certain aspect. Autonomous regulations and separate regulations of the autonomous region shall come into force after being approved by the NPC Standing Committee; Autonomous regulations and separate regulations of autonomous prefectures and autonomous counties shall be approved by the Standing Committee of the people's Congress of the province or autonomous region and shall come into force after being reported to the NPC Standing Committee for the record.

2. According to the actual situation of local ethnic groups, implement national laws and policies. If the resolutions and orders of state organs at higher levels are not suitable for the actual situation of ethnic autonomous areas, the organs of self-government may, with the approval of state organs at higher levels, flexibly implement or stop implementing them.

3. Manage local finance independently. According to the national financial system, the fiscal revenue of ethnic autonomous areas is independently arranged and used by the organs of self-government.

4. Manage local economic construction independently.

5. Manage education, science, culture, health and sports independently.

6. Organize public security forces to maintain social order.

7. Use the national language and writing. When performing their duties, the organs of self-government of ethnic autonomous areas use one or more languages commonly used in the local areas in accordance with the regulations on autonomy of ethnic autonomous areas.

Third, China's special administrative region system.

Article 3 1 of China's constitution stipulates: "The state may establish special administrative regions when necessary, and the system to be implemented in the special administrative regions shall be prescribed by law by the National People's Congress according to the specific conditions." . Special administrative region refers to the administrative region with special legal status and special political and economic system established according to China's Constitution and laws. Special administrative regions have their own particularities. Mainly manifested in:

1. The Special Administrative Region enjoys a high degree of autonomy. Autonomy includes (1) administrative power. Except for national defense, foreign affairs and other administrative affairs that should basically be handled by the Central People's Government, the Special Administrative Region has the right to handle administrative affairs related to economy, finance, trade, industry and commerce, land, education and culture on its own in accordance with the provisions of the Basic Law. (2) Legislative power. However, laws enacted by the legislature must be reported to the NPC Standing Committee (the Standing Committee of the National People's Congress) for the record. (3) Independent judicial power and final adjudication power. (4) The Communist Youth League Committee that handles foreign affairs on its own. According to the regulations, the Central People's Government may authorize the Special Administrative Region to handle relevant foreign affairs on its own in accordance with the Basic Law.

2. The original capitalist system and way of life in the Special Administrative Region will remain unchanged for 50 years.

3. The administrative organs and legislature of the Special Administrative Region are composed of permanent residents of the Special Administrative Region in accordance with the relevant provisions of the Basic Law.

4. The laws previously in force in the Special Administrative Region will remain basically unchanged, except for those that are colonial or have colonial characteristics, and those that contravene the Basic Law or need to be amended by the legislature of the Special Administrative Region.

(2) "One country, two systems" is the basic policy for the establishment of a special administrative region.

"One country, two systems" means that in a unified socialist country, under the unified leadership of the central government and the decision of the highest organ of state power, local governments can be allowed not to implement socialist policies for historical reasons, and special systems different from the current state system can be retained according to law. The main significance of "one country, two systems" is that (1) is conducive to the reunification of the motherland and to safeguarding national sovereignty and territorial integrity. (2) It is conducive to solving historical problems by peaceful means, maintaining the stability and prosperity of Taiwan, Hong Kong and Macao, and promoting the socialist modernization of the country. (3) It provides an example for the peaceful settlement of international disputes and has world historical significance. (4) It enriches and develops Socialism with Chinese characteristics Theory, which is a significant development of Marxist-Leninist national theory.

(3) the relationship between the central government and the Special Administrative Region.

According to the provisions of the Basic Law, the Special Administrative Region (SAR) is a local administrative region that enjoys a high degree of autonomy in People's Republic of China (PRC) and is directly under the Central People's Government. Therefore, the relationship between the central government and the special administrative region is the relationship between the central government and the local government of a sovereign country, or the relationship between the jurisdiction of the central government over the special administrative region and the high degree of autonomy of the special administrative region under the supervision of the central government.

(4) the political system of the Special Administrative Region.

1. Chief Executive of the Special Administrative Region. The Chief Executive of the Special Administrative Region is the head of the Special Administrative Region, representing the Special Administrative Region and being accountable to the Central People's Government and the Special Administrative Region in accordance with the provisions of the Basic Law. The Chief Executive of the Special Administrative Region shall be a China citizen who has reached the age of 40, has ordinarily resided in Hong Kong for 20 consecutive years and has no right of abode in a foreign country, and a China citizen who has ordinarily resided in Macau for 20 consecutive years. The Chief Executive is elected or negotiated locally and appointed by the Central People's Government.

2. The SAR Government. The government of the Special Administrative Region is the administrative organ of the Special Administrative Region. The Chief Executive of the Special Administrative Region is the head of the government of the Special Administrative Region. The SAR Government consists of the Secretary for Home Affairs, the Financial Secretary, the Department of Justice and various bureaux, departments, offices and departments. The government of the Special Administrative Region shall exercise its functions and powers in accordance with the provisions of the Basic Law and be accountable to the Legislative Council; To implement the laws passed and effective by the Legislative Council. Regularly deliver policy addresses to the Legislative Council and answer questions raised by Legislative Council members. Wait a minute.

3. Legislative Council of the Special Administrative Region. The Legislative Council of the Special Administrative Region is the legislature of the Special Administrative Region and exercises legislative power. Its powers include: enacting, amending and repealing laws in accordance with the provisions of the Basic Law; To examine and approve the government's budget; To decide on taxes and public expenditure according to government recommendations; To hear and debate the policy address of the Chief Executive; Asking questions about government work; Wait a minute.

4. The judicial organs of the Special Administrative Region. The judicial organs of the Hong Kong Special Administrative Region are the courts at all levels in the Region, including the Court of Final Appeal, the High Court, the District Court, the Magistrate's Court and other specialized courts, and the Procurator-General is responsible for criminal prosecution. The judicial organs of the Macao Special Administrative Region are the courts and procuratorates of the Region, including primary courts, intermediate courts and the Court of Final Appeal. The procuratorate independently exercises the procuratorial functions entrusted by law.

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Qiao Xiaoyang: There is no contradiction between "one country, two systems" and the unitary state system.

People's Daily Online, Beijing, April 6 The the State Council Press Office held a press conference this afternoon. Qiao Xiaoyang, Deputy Secretary-General of the National People's Congress Standing Committee (NPCSC), Li Fei, Deputy Director of the Legislative Affairs Commission of the National People's Congress Standing Committee (NPCSC), and Xu Ze, Deputy Director of the Hong Kong and Macao Affairs Office of the State Council, introduced the National People's Congress Standing Committee (NPCSC)'s interpretation of relevant provisions in Annexes I and II of the Hong Kong Basic Law and answered questions from reporters.

When answering a reporter's question, Qiao Xiaoyang said that regarding federalism and unitary system, the United States is a federal system and China is a unitary system. The establishment of a special administrative region under the unitary system is the greatness of "one country, two systems" and does not contradict the unitary system. The relationship between the Central Authorities and the Hong Kong Special Administrative Region has two levels. The first level is the general relationship between the central and local governments. For example, as mentioned just now, local governments do not have their own inherent powers, and all the powers are granted by the central government. In addition, "one country" embodies the relationship between the central and local governments under the unitary system. There is also the relationship between the central and local governments under "one country, two systems", that is, the National People's Congress Standing Committee (NPCSC) authorizes Hong Kong to enjoy a high degree of autonomy, which is far greater than that of mainland provinces, autonomous regions and municipalities directly under the Central Government. Its reunification is one country, two systems.

Qiao Xiaoyang said that the Basic Law also clearly stipulates that the socialist system will not be practiced in Hong Kong, the capitalist system will remain unchanged for 50 years, the legal system will remain unchanged, and the judicial system will remain basically unchanged except for the changes brought about by the Court of Final Appeal. Ensure that Hong Kong truly engages in capitalism through the Basic Law. These two are different from federalism. In fact, the power of federalism is granted to the Federation by the States, and other powers are reserved. There is no power given to the Federation in its own state.

Qiao Xiaoyang said that the unitary system is the other way around. The local authorities have no power, but the central authorities give power. This is a fundamental difference. If there must be "residual power", this power is also in the central government. Article 20 of the Basic Law stipulates that the Hong Kong Special Administrative Region shall enjoy other powers conferred by the National People's Congress and the central government. That is to say, in the case of the power already given by the Basic Law, if the SAR needs it and you don't have the power, it must be granted by the National People's Congress or the central government. This is different from federalism.

Qiao Xiaoyang said that the Chief Executive should submit a report to the Standing Committee of the National People's Congress, which will make a decision. This is the third interpretation of the Law. As for whether it is the need of the Chief Executive and the National People's Congress, what if the people have this need? Hong Kong is a pluralistic society with diverse democratic needs, and different sectors and aspects have different democratic needs.

Qiao Xiaoyang said that to develop democracy, Hong Kong must have balanced interests and balanced participation. Even if there is universal suffrage in the future, please pay attention to Article 45 of the Basic Law. The Nomination Committee is also a broadly representative nominating committee, which also reflects balanced participation. People's needs, the Chief Executive has many advisory bodies, which can widely absorb people's needs. Finally, as a representative of the Special Administrative Region and the Basic Law, he will be responsible to the Central Committee, and he will submit a report to the NPC Standing Committee, which should reflect the demands of the people.

Source: People's Network