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The HKCFA Value Orientation

Posted on:2018-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:J X FengFull Text:PDF
GTID:2346330536977993Subject:Constitution and Administrative Law
Abstract/Summary:
Since the return of Hong Kong,the Basic Law has become the primary research objective of the legal system in Hong Kong.However,from the perspective of the mainland,there is still a clear difference,compared with the mainland practice.Therefore,I believe that a comprehensive explanation is needed.And following cases of the CFA,we are able to track its value orientation as the key to illustrate.At the same time,"one country,two systems",as the basic principle of handling Hong Kong affairs,which content is relatively extensive,is still under development.Based on this,this paper chooses the Hong Kong Court of Final Appeal as the entry point,analyses the Court legal value orientation from its work.We found it more likely to maintain personal freedom and the original system of Hong Kong.And pointed out that this tendency is conducive to the maintenance and development of "one country,two systems".The Court of Final Appeal and the Standing Committee of the National People’s Congress will work together on the issue of basic law to express more accurately the connotation of the provisions of the Basic Law,which will benefit the judicial system of the two sides.
Keywords/Search Tags:Basic Law, Court of Final Appeal, Standing Committee of NPC, Legal interpretation
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