Research On The Relations Between The Administration And Legislation Of Hong Kong Special Administrative Region

The relation between the administration and legislation is the core part of all political systems.The brightest characteristic of the political system elaborated for SAR by Hong Kong Basic Law is the mutual restriction and mutual coordination of the administration and legislation,with administration as the dominant.But in the political practices after the return of Hong Kong,the administrative leadership did not get a good developing platform,but received serious challenges from the Legislative Council on the contrary,and the legislative domination tendency was obvious day by day,especially in the key issues relating to the development of the political systems of Hong Kong.The government that should be in the powerful position actually was often in a passive and weak position.The ways to coordinate the relation between the administration and legislation and to maintain and give prominence to the administrative leadership have already become the important political and legal subject for both Central Government and the government of Hong Kong.The Hong Kong Basic Law pledged that it will obtain the goal of general election ultimately,and the Standing Committee of the National People's Congress also made a decision in December 29,2007,approving the advanced general election of the Chief Executive in 2017 as well as the later general election of the congressman of the Legislative Council.Given the "double general election",to manifest and consolidate the administrative domination will become an unavoidable issue of vital significance to the political development of Hong Kong.This paper aims to research and discuss the above issues.The paper is divided into five parts.The first part mainly elaborates the general theories on the relation between the administration and the legislation,and compares and analyzes the relation between the administration and legislation in several typical kinds of regimes in the world.The second part mainly carries on historical review and carding to the relation of the administration and legislation before the return of Hong Kong in two stages.The third part carries on standard analysis and original legislative intention interpretation to the relation between administration and legislation elaborated in Hong Kong Basic Law.The fourth part analyzes the development of the administrative and legislative relations after the return of Hong Kong,summaries the expression form of the principle of administrative domination after being seriously challenged as well as its influence,and analyzes the reasons causing these serious challenges.For example,the structural contradiction of the political system causes the Chief Executive losing stable support;the jurisprudence contradiction of the Basic Law causes unceasingly increasing of the power of the Legislative Council;the lack of national approval for people of Hong Kong places the Chief Executive into a dilemma;the lack of health political culture causes the incapability to condense political consensus;the administrative fault provides opportunity for the opposite faction;the intervention of foreign strength makes the contradiction of the administration and legislation even more complicate.The fifth part is the core of the paper,in this part,the author puts forward proposals to coordinate and improve the relation between the administration and legislation in Hong Kong,to maintain the administrative leadership,and to realize strong politics.The author firstly defines the four principles needed in the political development of Hong Kong Special Administrative District, which are:the political development must be coordinated to the development of the society,economy and politics;the political development must be conducive to the balanced participation of various social strata and circles;the political development must be conducive to the effective movement of the administrative leadership system;the political development must be conducive to the long-term prosperity and stability of Hong Kong.Then the author proposes the feasible ways that are advantageous to consolidate the principle of administrative leadership in four aspects:"elect the Chief Executive through general election to enhance his or her popularity to the public","keep functional seat and maintain balanced participation","envisage the existence of all the political parties and establish the governing alliance","strengthen the communication bridges and enhance the coordination of words and activities".The author is confident to the development of the political systems of Hong Kong after his research.So long as it can face up with the reality and learn from its experience unceasingly,and by its abolishment of the disadvantages through the improvement of the systems and mechanisms, Hong Kong can fully realize the principle of administrative leadership defined by the Basic Law,and the relations of the administration and legislation will step into a new harmonious stage,making contribution to the long-term prosperity and stability of Hong Kong and to the realization of the right of People of Hong Kong.