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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/30299

    Title: 從中共人大常委會「雙普選」釋法看香港的民主化
    Other Titles: Exploring the democratization of Hong Kong from "double general election" law explanation in people's national congress standing committee of China
    Authors: 余國華;Yu, Kuo-hua
    Contributors: 淡江大學中國大陸研究所碩士在職專班
    潘錫堂;Pan, His-tang
    Keywords: 基本法;一國兩制;雙普選;法律解釋;民主化;政黨;Basic Law;One country;two systems;Double General Election;Legal interpretation;Democratisation;Political Party
    Date: 2006
    Issue Date: 2010-01-10 23:32:33 (UTC+8)
    Abstract: 論文提要內容:
    In 1982, British Prime Minister Margaret Thatcher visited China and had negotiations with China with regard to the issues of Hong Kong. After China stated clearly that, it would reclaim the sovereignty of Hong Kong in 1997 and passed the message to Britain, the latter started to aggressively promote the “non-colonization” policy in Hong Kong. Besides, it also accelerated the process of democratization in Hong Kong. China treated “one country, two systems” as the means to arrange the political and economic positions of Hong Kong after returning to China and established “Basic Law” as the legal base of concrete implementation.
    In April 2004, National People''s Congress Standing Committee of China “actively” proposed legal explanation with regard to the modification of administrative executives in 2007 and regulation of the establishment of legislative assembly in 2008 in Hong Kong Special Administrative Region. The result of law explanation vetoed Hong Kong democratic advocates appeal of overall implementation of Double General Election for administrative executives and the members of legislative assembly. The purpose of British development of democratization policy in Hong Kong region was to construct the democratic representative system as three official branches in the West. When establishing “Basic Law”, China has promised Hong Kong “Hong Kong people ruling Hong Kong with a high degree of autonomy” and “Basic Law” also regulated that the administrative executives and legislative assembly in Hong Kong Special Administrative Region will finally be elected by general election. However, the result of law explanation in National People''s Congress Standing Committee of China not only violated the public opinion of Hong Kong, but also made Hong Kong people feel suspicious of China’s fulfillment of “one country, two systems”.
    “One country, two systems” is exclusive in the political systems of the countries around the world. It is also the only means to executive two different systems in the country with single system. This research explored the process of Chinese law explanation and the possible reasons from the difference of Chinese and Hong Kong law explanation systems, political systems of China and Hong Kong and the considerations of Chinese political stability and economic development. It further analyzed if Chinese law explanation violated the idea of “governing the country by law” and the possible influences on democratization development in Hong Kong and the promise of “Hong Kong people ruling Hong Kong with a high degree of autonomy” under the regulation of “one country, two systems”.
    Appears in Collections:[中國大陸研究所] 學位論文

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