推进粤港澳大湾区建设的法律困境与进路

Against the backdrop of “one country, two systems, three jurisdictions”, there are inevitable
legal conflicts and dilemmas amid advancing regional cooperation and development in the Guangdong-Hong Kong-Macao Greater Bay Area due to differences in institutional systems, legal traditions, rules and concepts. There remains a lack of high-level legal guarantees and a systematic cross-domain legal structure. The institutional differences and conflicts between Guangdong, Hong Kong and Macao have become more prominent as diverse entities interact and intersect in complex ways, further exacerbating conflicts in laws and rules as well as imposing constraints on the deepening of economic cooperation and integration in the fields of rule of law. This paper focuses on discussing the legal dilemmas and pathways in the project of the Greater Bay Area construction. It argues that only by strengthening the leading role of the central government in coordinating relations and promoting cooperation among the three places, breaking down barriers in laws and policies among the three places, and purposefully improving the legal frameworks and systems of rules, can the current shortcomings in cooperation be addressed and obstacles and dilemmas in the legal system be overcome. At the same time, this paper proposes that building a “Rule of Law-based Bay Area” should be the overarching goal and long-term objective for the Greater Bay Area development, aiming to lift the overall rule of law standard and advance the Greater Bay Area construction to new heights.