Earticle

초록

영어

The promulgation and execution of the Basic Law of Hong Kong and Macao Special Administrative Region was a fundamental development for Chinese constitutional system and its theory.
Enacted by the National People’s Congress as a constitutional law，the Basic Law enabled the State to legalize and systemize the guidance and policies of the Basic Law for Hong Kong and Macao, thus transferred the structure from single legal region into multi-legal region in China.
The Basic Law, guided by the principal of “one country, two systems”, on the one hand realized the fundamental content of protecting the interest of national sovereignty, exercising high degree of autonomy and safeguarding the prosperity and stability; on the other hand, reflected the modern constitutional philosophy of democracy and rule of the law, established a new type of democratic governing model：the executive-led, checks and balances and coordination between Administration and Legislative, Judicial independence.
Experience over the past decade has proved that the Basic Law stood the test of practice, but still facing a lot of challenges. The challenges mainly related to the difference of legal tradition in different legal regions, and involved many complicated legal relations, such as the retention and adaptation of the original laws, judicial interpretation of convergence with the Basic Law, the balance between Administration and judiciary, etc. All of these need to be perfected actively under the framework of the Basic Law.
How to innovate and develop based on the theory and practice of the Basic Law is the new topic facing Chinese constitutional field.

목차

Ⅰ. 서론
 Ⅱ. 기본법은 헌법영역에 대한 중대한 돌파
 Ⅲ. 기본법의 입법정신 및 헌정사상
 Ⅳ.기본법의 성공적인 실천과 도전
 참고문헌
 

키워드

저자

• 서정림 [ Jing-lin，Xu | 중국 상해대학교 법학원 교수. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340