One Country, Two Systems

The form of state structure,the fundamental structure of the sovereignty of the s-tate, is the primary constitutional problem. Chinese have been indulging in the mythof centralism and federalism in the expression of the form of state structure,whilewhich are two principles of the form of state structure. The central authority,basingon objective provisions of the frontier and the inland areas, adopt different governme-ntality, which result different relationships between it and tow regions.We call it "one country,two systems"."One country, two systems" is the national governmentali-ty of centralism and federalism,which is the form of state structure of China. We onlypay attention to the provisions of the Constitution and western constitutional paradig-m, while paying little attention to the constitutional practicee of China.In the first part of this paper,the writer mainly discusses the relationship betwe-en the form of state structure and constitution and points out that the form of state str-ucture is the fundamental structure of the sovereignty of the state, being a primary co-nstitutional problem. For one thing, China started the process of " the self transfor-mation from Empire to the sovereign state "from the end of Qing Dynasty, which isthe transformation of national regime, protecting the Empire from breaking out. The-refore, China’s internal political relationship always changes with the internal and ex-ternal relationships, forcing China to face the problem of the political integration o-f nations and regions. For another thing, as a political integration mechanism, con-stitution’s primary function is to "uniting to be one " and avoid the reversal move-ment. That is to say, the form of state structure,which is the fundamental structureof the sovereignty of the state, is the primary constitutional problem.The second part of this paper first points out that Chinese have been indulging inthe myth of centralism and federalism in the expression of the form of state structu-re.On the basis of that, the writer,with the consciousness of the "real constitution ", the "unwritten constitution" and the "discovering the constitution", using the resea-rch methods of Sociology of law, search the regime, the constitutional text and doct-rine in the constitutional practice of America an-d China, breaking the myth of tw-o sovereign and the illusion of centralism. In this part, the writer,taking Junquanismand "two initiatives" for example,discusses the mixed theory of centralism and fe- deralism, and points out that Chinese have been indulging in the myth of centrali-sm and federalism in the expression of the form of state structure, while which aretwo principles of the form of state structure.In the third part of this paper, given the chinese nation’s multiethnic nature, thewriter hold the view that there are differences between inland and frontier.The writ-er interprets"one country, two systems" in constitution. In other words,the central au-thority,basing on objective provisions of the frontier and the inland areas, adopt diff-erent governmentality, which result different relationships between it and tow regio-ns. Therefore, We call it "one country,two systems"."One country, two systems" isthe national governmentality of centralism and federalism,which is the form of state s-tructure of China.. Thus,"one country two systems",which is the "basic law " of th-e basic law and the"basic law" of the Constitution, is the form of state structure of t-he Chinese.Finally, China’s constitutional researcher only pay attention to the provisions ofthe Constitution and western constitutional paradigm, while paying little attention to t-he constitutional practice of China. The writer,with the consciousness of the "realconstitution ", the "unwritten constitution" and "discovering the constituteion", usin-g the research methods of Sociology of law, search the regime, the constitutional te-xt and doctrine in the constitutional practice of China.