Study On The Litigation System Of The Hong Kong Special Administrative Region

Since the establishment of the Hong Kong Special Administrative Region,under the guidance of the principle of "one country,two systems",Hong Kong has managed the affairs of the special administrative region itself.Hong Kong residents actively participate in government affairs and enjoy broader democratic rights than at any time in history,especially in the electoral system that best reflects democracy,according to the Basic Law of Hong Kong and relevant laws and regulations,Hong Kong has elected the Chief Executive,Legislative Council Members and District Council members.Although the Hong Kong Special Administrative Region is still gradually exploring the reform of the electoral system,it can be said that these 20 years of practice have established a relatively complete set of electoral procedures and systems.However,in the process of Hong Kong Special Administrative Region elections,some political disputes are inevitable.Under the rule of law in Hong Kong,when these political disputes cannot be properly resolved in public forums,some politicians will often solve them through judicial channels.In recent years,the disputes arising from the election have had a major impact on the smooth implementation of "one country,two systems" and have seriously affected the governance of the Central People's Government.However,the research on this issue is relatively scarce,which constitutes the problem consciousness of this article.The study of the electoral litigation system is not only conducive to the effective and reasonable reduction of local political disputes,but also conducive to the realization of central governance in the locality under the principle of "one country,two systems".The purpose of this paper is to comprehensively sort out the Hong Kong electoral litigation system,analyze the role of the court in handling local political disputes,provide intellectual support for properly handling central and local relations,and smoothly implement "one country,two systems",and provide for the improvement of the mainland electoral litigation system.Learn from.This article provides an in-depth analysis of the Hong Kong electoral litigation system through the following five sections:Chapter one:The concept of the Hong Kong Special Administrative Region election litigation.This chapter is mainly to introduce and analyze the concepts related to the Hong Kong Special Administrative Region election litigation,and then lay a theoretical foundation for the case analysis related to the election.This chapter elaborates in a progressive manner.First,it defines the concept of electoral litigation and summarizes its advantages as a remedy for voting rights.It then goes on to various types of litigation methods in the electoral litigation system unique to the Hong Kong SAR.A detailed interpretation will initially form the framework of the Hong Kong SAR election litigation system.Chapter two:The institutional framework for electoral proceedings in the Hong Kong Special Administrative Region.This chapter combines relevant laws and regulations and statistical analysis of electoral lawsuits in the past 20 years.It expounds the legal framework related to the Hong Kong electoral litigation system,the main participants in various electoral litigations,and the important procedures in different types of electoral proceedings.Sexual provisions,a detailed description of the framework of the Hong K ong SAR election litigation system.Chapter three:Jurisprudential analysis of the electoral petition case.From the perspective of the common law jurisprudence system in Hong Kong,the jurisprudence is crucial for studying the electoral litigation system in Hong Kong.Therefore,this chapter sorts out all the jurisprudence related to the election petition system since Hong Kong's return to the motherland.First,classify and count all the jurisprudence related to the election petition system that has been searched on the legal reference website since 1997;then,analyze the important legal principle disputes in the case,and the legal theory applicable to the judge in the trial;Finally,analyze the impact of these decisions on the election results.Chapter four:Empirical analysis of judicial review cases related to elections.As the jurisprudence is important for studying the electoral litigation system in Hong Kong,this chapter analyzes all the jurisprudence related to the judicial review system since Hong Kong's return to the motherland in 1997.The judicial review cases related to the election are classified according to different types.Through the combing of the cases,the important legal principle disputes in the jurisprudence and the solution of the judges are found,and the impact of the judgment on the development of the electoral system of the SAR is summarized.Chapter five:The impact on local politics and the reference for improving the system of the Mainland.This chapter is a summary of the whole paper.Through the analysis of the above chapters,this paper concludes the development trend of the electoral litigation system in the Hong Kong Special Administrative Region,its influence on local politics,the problems existing in the system and puts forward some suggestions for improvement.Meanwhile,it finds some places worthy of reference for the electoral litigation system in the Mainland.