Interpretation of the Basic Law of Hong Kong and M -

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Interpretation of the Basic Law of Hong Kong and Macao

And judicial interpretation system faces an insurmountable problem, because the lack of democracy, political issues, it had to exercise restraint, avoid an attitude of modesty in this predicament. Can be largely explained the legislature to avoid the costs of good honest ① (Constitutional Review of the mode of choice ;, containing (Legal Daily> January 4, 1999. ③ Cardoso (the nature of the judicial process analysis> China Politics and Law University Press, 1998. p. 132. Contemporary Hong Kong and Macau 20O2 No. 2 4l · formed by judicial interpretation of the paradox of democracy, political issues for some legislation. Third, ensure the authority. According to the provisions of our Constitution, the NPC is the highest organ of state power, the NPC Standing Committee is a permanent organ of interpretation agency The authority has a clear legal guarantee. Although judicial interpretation of legislative interpretation system has incomparable advantages of system, but the nature of the legal and legislative action to explain the legislative process for the differences between the still visible. the one hand, the common law tradition and more applicable judicial interpretation, the system has the advantage that it characterized the law applicable to proceedings. Basic Law, Hong Kong and Macao as a strengths and abilities. On the other hand, the advantages of judicial interpretation system is also opening its own, this feature gives the judicial interpretation of the initiative. a court in the course of the case law applicable to the case can be reviewed to to continue to encounter problems of interpretation. In addition,[link widoczny dla zalogowanych], judicial interpretation of the court system is to adjudicate cases in a timely manner for sensing the legal process of social change, and in the interpretation of the court system is to adjudicate cases in a timely manner for sensing the legal process of social change, and In explaining the rapid response. the court in maintaining sensitivity to the reality is quite unique. But in China,[link widoczny dla zalogowanych], entirely on its own strength of justice can not undertake this task yet. our judicial system has just started, the court institutional setup,[link widoczny dla zalogowanych], staffing still in the process of integration, comparison, by the NPC Standing Committee to interpret the law at present is ideal. In fact,[link widoczny dla zalogowanych], the NPC Standing Committee is not random and irresponsible to explain law, but there are strict procedures to ensure quality and reasonable interpretation of the law, and thus regarded as an effective method adopted at this stage. from and not specifically hear the case, but that the meaning of legal terms,[link widoczny dla zalogowanych], has reached agreement with the legal effect of constitutional review. see the NPC approach is parallel to a different system, but once the cases involving the constitutionality of trans-regional, to around through constitutional review, making use of other methods instead. this is definitely a compact system design, in the interpretation of must be observed. With the return of Hong Kong and Macao, the system generates a three run in the continuous improvement and seek to understand. We believe that the Basic Law Committee is an ideal communication agencies, the Basic Law Committee members, half of Special Administrative Region of persons, and required to participate in the legal profession, which views the Basic Law Committee also has considerable authority, impartiality, easy for the Court accepted the Special Administrative Region. Therefore, it should be appropriate to expand the functions of the Basic Law Committee, let it play a greater More role should not be merely an advisory body to it as ordinary.

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