Research On The Oath System Of Councilors Of The Legislative Council Of The Hong Kong Special Administrative Region Of The People's Republic Of China

As is known to all,the organs of the representative system are the key for the sound operation of the modern democratic politics.As for the Hong Kong Special Administrative Region(HKSAR),whether the Legislative Council of Hong Kong can operate well or not is related to the development of the democratic politics in HKSAR.As far as the "oath disturbance" is concerned,the result is that it not only publicized the remarks of insulting and splitting the country and produced a threat to the national sovereignty and unity,but also caused the further division of the political order in Hong Kong due to the radical and irrational confrontations of the illegal oath incident itself,which is not beneficial for the rational development of Hong Kong's democratic politics.The targeted interpretation of the Basic Law by the standing Committee of the National People's Congress for this time not only clarifies the effectiveness of the oath taken by the councilors,but also standardizes the form of the oath,which constitutes the regulation to the oath of the councilors-elect and promotes them to return back to the basic political rationality.It eventually provides the legal regulation for false oath and breach of oath by establishing legal liability.The selected research subject for this time is to expound on the basis of the "oath disturbance" of the councilors of the Hong Kong Legislative Council as well as the emergent interpretation of the Basic Law aiming at this incident by the Standing Committee of the National People's Congress.It analyzes around the behaviors of the councilors with illegal oaths in this "oath disturbance",and reveals the existing problems of the councilors with illegal oaths as well as the basic causes of this oath incident.Through the analysis of the oath system and the basic legal principles of the representative system as stipulated in Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China,it explains the legitimacy of the oath from the councilors of the Hong Kong Legislative Council clarified in the interpretation for this time,and provides the legal supports for solving the relevant disputes;by combining the relevant theories of the constitutional oath ceremony,it explains the legal basis for the standardization of the form of oath from theLegislative Councilors in this law-interpretation;It conducts the standardization analysis to Article 3 of the interpretation of the Basic Law for this time,clarifies & defines the exact connotation of the "behavior of breach of oath" and the "legal responsibility" to be assumed,and analyzes the inadequacies in it so as to further improve the oath system of the councilors of the Hong Kong Legislative Council and provide the reference suggestions for effectively regulate the violation of the oath from the councilors.Finally,it summarizes the significance of the interpretation of the Basic Law for this time to safeguard the constitutional order of "one country,two systems" as well as the development of the democratic politics in Hong Kong through perfecting the Oath system of the legislative Councilors in Hong Kong.