Constitutional Analysis Of Hong Kong 's "Occupying"

Hong Kong case of "occupy center" Action, causing extensive hot domestic and the international community, "occupy center" Action to create a series of Hong Kong a bad social impact, particularly on the construction of causing serious harm to democratic rule in Hong Kong. " occupy center" Action aims to protest against the decision of the NPC Standing on the current Chief Executive of Hong Kong, that the decision was politically suspect screening, did not meet international standards for so-called "true universal suffrage." In this paper, "representing the" initiator constitutional claims raised content analysis, from the legal arguments made central to the Hong Kong SAR and the reasonableness of the reform program, "occupy center" unconstitutional actions, and then put forward to promote the building of democracy and the rule of law in Hong Kong recommendations.The first part is mainly on the "occupy center" on the historical background to the action and the reality of the impact caused by the start on Hong Kong, which can be drawn, "occupy center" Action is an organized, premeditated also causing damage to the social aspects of the law in Hong Kong rally action.The second part focuses "occupy center" Action in nature. Scholars generally believe that "occupy center" Action is contrary to the current constitution, the relevant provisions of the Basic Law, Hong Kong’s constitutional shake the foundation of behavior. Learn about the scholars’ research results, according to the current constitution, the Basic Law, the relevant laws and regulations, the paper "representing the" action of purpose, content, manner detailed analysis demonstrated that the "occupy center Action has illegal unconstitutionality. Nature "of accounting for the" illegal actions not only unconstitutional nature, but also have a similar "color revolution" feature.The third part of the body of the National People’s Congress decided to make 8.31 constitutionality of analysis, which is the direct cause of initiated "occupy center" action, "againstcontent and the Chief Executive who think the decision must be "patriotic and love Hong Kong," who served, contrary to the rule of law in force in Hong Kong. In this paper, the principle of the NPC Standing content on the Chief Executive by universal suffrage, and the way the Chief Executive must make "patriotic and love Hong Kong", combined with the current constitution, the Basic Law, the decision on the 2012 Executive by universal suffrage in Hong Kong Special Administrative Measures, out of the legality of the content of the decision, the Hong Kong public support operations, in full compliance with the spirit of the rule of law and the actual situation in Hong Kong. Hong Kong may implement universal suffrage, which is prescribed by law, the public opinion of universal suffrage was adopted, but the way to fight for universal suffrage, should be in accordance with the law, by illegal means to obtain democracy, this is not a true democracy.The fourth part of focuses on "occupy center" Action constitutional enlightenment. According to the Marxist dialectic thought occurred "occupy center" Action, although on the one hand to the reality of Hong Kong has caused tremendous damage, but "representing the" course of action can get some inspiration on the construction of democracy and the rule of law, in order to prevent similar actions occur.Hong Kong’s Chief Executive by universal suffrage must be in accordance with the law, the purpose of the study is that the development of democracy in Hong Kong need to safeguard the rule of law, which is not only for China, Hong Kong, mainland China and also have implications. In this paper, research methods are mainly literature research, comparative analysis, for "occupy center on the relevant data collection inductive action, for "aoccupy center" on the proposed actions such as "international standards" and so on comparative analysis and come up with the results and conclusion, I think the trend of Hong Kong’s political reforms can only be based on the relevant provisions of the center, which proved to be correct from the legal, social practice perspective. Inseparable from democracy building the rule of law, from the rule of law, talk about democracy, so democracy is not a true democracy, it will not get the protection of the legal system.