Thinking On "Interpretation Of Article 104 Of "the Hong Kong Basic Law" By The Standing Committee Of The National People's Congress

The legal system of Hong Kong has gone through the common law from the Chinese legal system to the common law,then to the compound common law is based on the constitution of the People's Republic of China and the basic law of the Hong Kong Special Administrative Region.The basic law of Hong Kong is a product of the integration of common law and continental law.Its implementation has brought changes to Hong Kong's legal system and promoted the development of Hong Kong's judicial independence.The right of interpretation of the basic law of the Hong Kong belongs to the Standing Committee of the National People's Congress and conferred on the courts of the Hong Kong Special Administrative Region.After the authorization of the standing committee of the people's congress,it was very careful to exercise the power to interpret the basic law.The NPC standing committee will only explain the basic law when the events have a greater impact on the interests of Hong Kong and the overall interests of the country.Before 2016,the NPC standing committee has accumulated four experiences of interpretations,with the mature of explain technology and the in-depth understanding of the interpretation of the basic law of National People's Congress,Hong Kong residents and Hong Kong society have gradually accepted the new thing of the NPC's interpretation.But since "Occupy Central" Movement,the separation of the "Hong Kong Independent " molecular motion is more and more open,recently has led to a "Storm of election" and "Took the oath of the wave",The Legislative Council has also been unable to operate normally for 1 month because of the "Hong Kong Independent ".At the same time,the influence of "Hong Kong independence" on Hong Kong society is becoming more and more serious.In order to maintain the "one country,two systems" and the prosperity and stability of the Hong Kong society,the Standing Committee of the National People's Congress(NPC)carried out fifth interpretations in November 8,2016.Issued the " Interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China by the Standing Committee of the National People's Congress ",It safeguarded the rule of law and the authority of the basic law in Hong Kong,and highlighted the constitutional responsibility of the Standing Committee of the National People's Congress as a legal interpretation organ to perform the functions of interpreting the law.The following disputes have been produced in the interpretation of the National People's Congress.Does the interpretation of the National People's Congress an expanded interpretation? Does the interpretation violate the original law of the basic law of Hong Kong? Does the standing committee have the right to interpret the law voluntarily? Some people even believe that the interpretation of the people's Congress is detrimental to the independence of the judiciary in Hong Kong.Based on the above problems,this paper carries out research.This paper mainly discusses the disputes arising from the interpretation of the people's Congress,the value of the interpretation of the law of the people's Congress and how to improve the interpretation mechanism of the basic law.In addition to the introduction,the text consists of six parts.The first part mainly discusses the background of the fifth interpretation law in 2016.First of all,we comb the background of the interpretation of the law of the people's Congress.The law of Hong Kong has experienced a complex common law from the Chinese law to the common law and the constitutional basis of the Constitution and the basic law of Hong Kong.Secondly,Summing up the first 4 experiences of the interpretation of the people's Congress.The technology of the people's Congress is becoming more and more mature,the degree of acceptance by the Hong Kong society to the interpretation of the people's Congress is becoming more and more deep.In the end,the direct cause of the fifth interpretation of the law,the illegal oath of the Legislative Council members who advocates remains supporting "Hong Kong independence",was introduced.The second part discusses the content and influence of "the interpretation".The interpretation of this law provides a legal basis for the settlement of the "Storm of election" and "Took the oath of the wave".In the case of the " Took the oath of the wave " in the Hong Kong court will clear interpretation of National People's Congress as judgment basis,pointed out that "the people's congress(NPC)standing committee for the basic law of Hong Kong have the final power of interpretation,and its interpretation is unconditional,not subject to any restrictions."In the third part,the nature and methods of the interpretation of the people's Congress has been studied in order to make the phenomenon of the interpretation of the National People's congress up to the theoretical analysis.The interpretation of the National People's Congress(NPC)is a legislative interpretation and a constitutional interpretation.The Standing Committee of the people's Congress has used the original legislative meaning,historical interpretation and the method of extensive interpretation.The fourth part analyzes the legal,political and social values of the people's Congress interpretation law.The fifth part,on the basis of summarizing the implementation experience of the basic law of Hong Kong for the 20 years and various academic views,puts forward some suggestions to improve the interpretation mechanism of the basic law.The sixth part,mainly performs for promoting the National People's Congress standing committee of the NPC's interpretation of the constitutional function contribute to the thinking and outlook,expectations of The Standing Committee of the people's Congress to explain the technology of the basic law more mature in the future,hope National People's Congress standing committee on the mainland also skilled to exercise its right to explain the function of the law,hope to apply the management experience of Hong Kong to The comprehensive framework for promoting the rule of law.