Thinking On The Explanation Mechanism Of Conflict Resolution About The Basic Law Of The Hong Kong Special Adminstrative Region

In practice the implementation of the "Basic Law of the Hong Kong Special Administrative Region", with the courts of the HKSAR "right of abode" for a series of cases beginning of the trial, Constitutional scholars Basic Law of the Hong Kong Special Administrative Region of China on the issue of conflict explained in the lively discussions: the SAR courts can review legislative acts of the NPC and its Standing Committee? NPC Standing Committee can be "within the scope of autonomy" clause interpretation? Hong Kong SAR courts should adopt the legal interpretation of the Basic Law interpretation? Basic Law interpretation of the causes of conflict where? How to construct a practical mechanism for resolving conflicts interpretation of the Basic Law? In the past, these problems hidden behind the fact is the relationship between the Central Authorities and the Special Administrative Region of the problem. It is to explain how to properly resolve the issue of conflict interpretation of the Basic Law seeks a practical and effective mechanism for resolving the conflict. Hong Kong SAR Basic Law in order to ensure the smooth implementation of "one country, two systems" concept, in the history of the great practices and in the current context it is particularly important to China's national conditions. If there's scholarly writing, academic experts and scholars from China's Constitution on this issue a number of principles, directional suggestions on how to improve specific interpretation of the Basic Law, build an effective mechanism to solve. There are still some gaps. Therefore, in this first chapter, the author analyzes the "right of abode" for a series of brief case, and the conflicts in the interpretation of the Basic Law of the two issues discussed. Chapter II means to explain the reason for the conflict. Interpretation of the Basic Law to explore the inadequacies of the system itself, the author points out the deficiencies of the Basic Law and explains the major reason of the conflict between the two places. Through the legal interpretation of the analysis of Mainland China and Hong Kong Special Administrative Region, the author explains the two concepts in the legal system and finds that there is a huge difference between deep-seated reasons for the outbreak of conflict. In the chapter III, according to the Basic Law it is to explain the causes of the conflict. First, in order to solve the conflict, we must intensify conflict resolution to get more interaction, mutual respect, mutual tolerance approach of the two sides, and to learn from each other's approach to a reasonable interpretation of the law. Second, we must focus on the Basic Law interpretation of its own shortcomings, improve the interpretation of the Basic Law, try to avoid two different interpretations on the BasicLaw's understanding, and to reduce the possibility of conflict.