论“一国两制”下两地法律解释体制之融合

The Harmonization of Judicial Interpreation Systems of China's Mainland and Hong Kong within the Framework of"One Country,Two Systems"

中国内地现行的法律解释体制是立法解释,香港原来采用的是普通法模式,实行的是"司法解释至上"的原则;基本法是以大陆法系为基础的,但需要在以普通法为主的香港特区实施,因此,实施基本法与普通法的习惯必然有冲突与矛盾。法律解释问题涉及香港的司法独立,并最终与保障香港地区的高度自治产生联系,内地与香港两种解释体制的融合是"一国两制"必须解决的一个重要问题。人大释法成功地化解了香港的人口压力或危机,表现了对香港特别行政区司法终审权的尊重。

The judicial interpretation system of mainland of China is that of civil law which is quiet different from that of Hong Kong which is of a common law tradition.The principle of judicial interpretation system in case law tradition is'judicial paramountcy'Although the Basic Law of the Hong Kong Special Administrative Region of the PRC is based on civil law tradition,it needs to be carried out in Hong Kong which follows the common law tradition.Therefore,there are conflicts and contradictions in the custom of carrying out the Basic Law of the Hong Kong Special Administrative Region of the PRC. The issue of legal interpretation involves Hong Kong's jurisdiction independence,and finally is related to safeguarding the substantial autonomy of Hong Kong Area.Therefore, the fusion of two kinds of interpretation system between mainland and Hong Kong is an important issue which must be solved within the framework of'One Country,Two Systems'.Legal interpretation of the National People's Congress has successfully alleviated the pressure or the crises of Hong Kong's population,and has also shows respect for the power of final judgment of the Hong Kong Special Administrative Region.