本文对中华人民共和国(包括香港和澳门特区)和芬兰(包括奥兰群岛)自治情况的比较研究,得益于两者具备的若干共同特点。在这两个国家中,自治制度的建立一方面确认了两个国家对有关地区的主权,然而,另一方面也授予了自治地区的相关立法机构以专属立法权。最后要指出的是,两个国家关于自治制度的权限控制机制不是等同的。对芬兰承诺的国际监督已经不复存在了,奥兰群岛的安排交由芬兰国内政治活动来决定。除了法律上的相似之处,一些事实上的相似点也值得一提。在国内层面,自治地区的规模是差不多相同的,大约是占国家总人口的0.5%左右,这也就意味着,在日常政治生活中,这些地区并不被中央政府当作是主要事务。比起国内其他地区,这些自治地区相对要富裕些。
A comparison between the autonomy situations in the People’s Republic of China (as concerns Hong Kong and Macau) and Finland (as concerns the Åland Islands) is facilitated along several features. In both cases,international commitments exist behind the national rules. In addition,the international commitments were incorporated into national law in a somewhat similar fashion,through two separate Basic Laws in China,one for Hong Kong and one for Macau,and the Guaranty Act in Finland for the Åland Islands. In both countries,the creation of autonomies is a result of a confirmation of national sovereignty over the areas concerned,but in both countries,the creation of autonomies also resulted in the assignment of exclusive law-making powers to the legislative assemblies of the autonomous entities. Finally,the systems of competence control created with respect to the autonomies in the two countries are asymmetrical. The great difference in law is that the international commitment of China is of a temporal nature. However,the international supervision of the Finnish commitment disappeared and left the Åland Islands arrangement to depend on domestic actions of the State. The possibilities for and the forms of legal continuity of the Chinese autonomy arrangements beyond the expiry of the international commitment is therefore a challenge de lege ferenda in the same way it used to be for Finland. In addition to these similarities in law,some similarities in fact can also be referred to. The autonomous areas are of a similar size in the national context,around or less than 0.5 percent of the population,which means that the national governments are probably not viewing these areas as primary governmental matters in the everyday politics. These autonomous areas are also relatively wealthy in comparison with the rest of the national territory.