중국 특별행정구에서 전국인민대표대회와 전국인민대표대회 상무위원회의 법적 지위

• 영문명: Legal status of the National People s Congress and Standing Committee of the National People s Congress in the Chinese Special Administrative Region - Focusing on interpretation of the Basic Law of Hong Kong Special Administrative Region -
• 발행기관: 충북대학교 법학연구소
• 저자명: 김보훈(Kim Bo hoon)
• 간행물 정보: 『법학연구』第27卷 第2號, 419~440쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Hong Kong s Special Administrative Region Basic Law enacted on April 4, 1990 at the National People s Congress of China began to have a constitutional status in China and the Hong Kong Special Administrative Region, which will be held in Hong Kong until the time Hong Kong returns to China, It will replace the British Royal Instruction which carried out its constitutional role. This Hong Kong Basic Law was enacted based on the Young, Union Declaration of the Union announced on December 19, 1984, and looking at its contents, it is clear that the socialist system is not applied within the administrative area Declare the capitalist system and continue to enforce the capitalist regime. This agreement can be said to be a basic basis for securing Hong Kong s capitalist regime based on the Basic Law for the next 50 years. However, the basic law of Hong Kong, an interpretive collision problem occurred between central Chinese government and Hong Kong authorities, the Chinese central government and legal experts said that Hong Kong basic law is only within a section of administrative area within China It is interpreted that all powers of the delegation from the central government. On the other hand, in Hong Kong, the Hong Kong Basic Law is claimed not to be delegated by the Central Government of China, but to be delegated by the Union Declaration of England and China. Democratic concentration system which is the principle of basic constitution of China is implemented in the following two forms. One is People s Congress system and the other is Single country national structure . Combining these two concepts, it can be said that the principle of national operation currently operating in China is emerging. The National People s Congress and its Standing Committee are the most important national institutions on the national mechanism system of China and are among the highest rank of all the national institutions and any national institutions that have been divided are national universities and their standing committee members I can not go beyond the status of the meeting and can not come to the same position. When looking at the basic law of Hong Kong from this point of view, the basic law should also apply the characteristics of the single formulation national structure. The high autonomy right enjoyed by the Hong Kong special administrative district can be said to be higher than the region of other federal states. However, this autonomy right was received from the central government, it can be said that there is no inherent authority that Hong Kong himself had. The Hong Kong Basic Law clearly stipulates that special administrative districts can not be separated from the People s Republic of China and Hong Kong is a territory under the direct control of the central government and the appointment of the central government such as the Chief Executive and the Standing Committee of the National People s Congress It is reasonably reasonable to think that the interpretation, modification, etc of Hong Kong basic law is also possible.

목차

Ⅰ. 서론

Ⅱ. 전국인민대표대회 및 전국인민대표대회 상무위원회의 헌법적 지위

Ⅲ. 특별행정구 기본법과 “일국양제”

Ⅳ. 특별행정구 기본법에 관한 몇 가지 문제

Ⅴ. 결론

참고문헌

Abstract

키워드

전국인민대표대회 전국인민대표대회 상무위원회 특별행정구 일국양제 기본법 National People s Congress in China Standing Committee of the National People s Congress in China Special Administrative Region “One country two systems” Constitutional interpretation