Research On Interpretation Of The Basic Law Of Hong Kong

In theoretical and systematic level between Hong Kong and China mainland’spolitical and judicial system, there existed obvious differences: We are at the primarystage of socialism social system, while Hong Kong has been capitalist system for fiftyyears; Our legal system is similar to the continental law system, but Hong Kongbelong to the common law tradition due to the British colonial relationship; Thereforethere are also quite some dissents in the pursuit of the idea of the legal and the judicialculture. But on the way of seeking national unity, the design of the "one country, twosystems" plays its proper role, It has kept the prosperity and stability in Hong Kongsince the return15years ago.To observe in the practical level of the basic law of the Hong Kong specialadministrative region, start with the Hong Kong court litigation case for "the right ofabode", the Chinese constitutional academic are very concerned about interpretationconflicts of the Hong Kong basic law: whether the Hong Kong court has the right toexamine the National People’s Congress and its standing committee of the legislativeacts; whether the standing committee of the National People’s Congress has the rightto explain "Within the scope of autonomy" clauses; What is the root causes ofconflicts in basic law explanations; How to build possible interpretation conflictsresolution mechanism of the basic law. A series of realistic conflict and problemanalysis not only points to the perfection of the system level, will also expose deepercontradictions in both judicial culture and the ideological level.Throughout the existing academic works, our academics specialists make someprincipled recommendations in the interpretation of Hong Kong basic law problemsabout the solution mechanism and so on. This article uses theoretical and practicalaspects as framework, along from division to unity, contradiction to development,analyze and study the Hong Kong basic law interpretation problems. Through theanalysis and comparison of the legal interpretation system of mainland and HongKong special administrative region, points out that the conflicts caused by differencesbased on the pattern of different political systems, law and legal jurisdiction of districtrelative autonomy is inevitable. Through the analysis of "the right of abode" serieslitigation cases, come to the conclusion: the defects of the basic law interpretationsystem itself is the institutional factors that caused the conflicts between mainland andHong Kong. This kind of conflicts, although characterized by legal texts, but also rootfrom legal value and legal culture. Thus the conflicts are not only because of theabsence of system, but differences due to the different understanding of judicialvalue, and represented diversity of law interpretation. Therefore, after exploring thecharacterization of system differences, this article desires the source of legal culturedifferences, and to explore a way of mutual trust. To strengthen interaction in basiclaw interpretation problems. To look at each other’s legal interpretation system withthe attitude of mutual respect and mutual tolerance, to learn from each other, usereferences from each other’s reasonable factors in the legal interpretation system.