Research On The Procedure Of Interpretation Of The Basic Law Of Hong Kong By The Standing Committee Of The NPC

The practice of the one country,two systems after the return of Hongkong to the motherland in 1997 is based on the basic law of the Hongkong.The basic law of the Hong Kong is based on the constitution of our country,It establishes the relationship between the central and the special zones,At the same time,it also stipulates the human rights protection,political system,economic system,social system and foreign affairs and so on.The basic law of Hong Kong has gone through twenty years,In this time through the vicissitudes of the wind and rain,The basic law,with its high principles and strong inclusiveness and flexibility,defends the correct implementation of "one country,two systems" in the land of China.In the course of the implementation of the basic law in the last twenty years,The NPC has exercised five interpretations of the basic law.Various legal interpretations enrich the procedure for the interpretation of the basic law.At the same time,due to the difference of the legal system between the two places,there have been no minor disputes.By summing up the five legal interpretations,The focus of the dispute is mainly on the start and review program of legal interpretation.According to the provisions of the basic law,only Hong Kong Court of Final Appeal and NPC have right to start the program of legal interpretation,There are other subjects in practice.The disputes in the deliberation procedures are mainly manifested in the legal validity of the opinions of the Basic Law Commission.The author intends to compare the standard and practice,Solving the Controversy in the Interpretation Process.The author believes that the normative basis for the process of interpretation is not only the special procedures established in Article 158 of the Basic Law,but also the general procedure for interpretation of laws by the Standing Committee of the National People's Congress.Under the national constitutional order,the NPC Standing Committee should be guaranteed.The legislative interpretation of the authority of the law,which also complies with the rules applicable to the law.From the point of view of the start-up entity,it is clear that the Chief Executive “seek” the nature of the interpretation;the Chairman of the Amendment has proposed the normative basis for the interpretation of the law,and at the same time,it has increased the driving force of the Hong Kong Legislative Council to promote the interpretation of the chairmanship meeting in an attempt to resolve the Mainland.And Hong Kong's mutual mistrust due to differences in jurisdictions;The Hong Kong Court of Final Appeal consulted the Hong Kong Basic Law Commission on the nature of the interpretation provisions in the judicial process and established a link between the Court of Final Appeal and the Standing Committee of the National People's Congress.Judging from the deliberation procedures,the question of the legal validity of the opinions of the Basic Law Committee will undoubtedly affect the recognition of the quota system of the NPC Standing Committee.The resolution of this issue can also promote the legal interpretation system of the legislative interpretation to be more perfect.