Author: Yu Pinhai
In Western politics, democratic freedom can be described as poisonous, and the various concepts derived from it are also sacred and inviolable. No matter how these concepts in the real world are realized, how to enhance the value of human life, or how they are free to pull with democracy freelyRelationship.The recent disconnection of the separation of three powers is that the main content is whether the judicial independence can survive and whether the administrative leaders will weaken the effectiveness of its supervision. Some people believe that the government has identified the Hong Kong political system is not the separation of the three powers but the administrative leadership, which will allow the judicial justice to make judicial justice.Independence is restrained and no longer exists.Why is this exposition be noticed?Because everyone is convinced that there will be no judicial independence without the separation of three powers, and it will be replaced by administrative leadership, which will make Hong Kong unable to achieve democracy and freedom.This seems that many people in the past believe that the election system and the free economy are the prerequisite for any social development, and wealthy living in this system can be realized.This narrow concept is not believed today.
The blur of memory is easy to make people reverse black and white. In the dispute between the division of power, some people are still hinted that before the return of Hong Kong is the separation of the three powers. Although the Basic Law doesDivision is of course understanding.The Hong Kong government wants to change the facts a few words, and they will never accept it.Hong Kong did have a high degree of judicial independence before returning. However, it was a joke to treat the system of Hong Kong at that time as the division of three powers.However, I am afraid that some people are still superstitious about the political sentiments of the British. They believe that although the Governor of Hong Kong has great authoritarian power, Hong Kong at that time can also be separated from three powers.They may not even think of the fact that Britain's own political system is not separated.
Imagine being blamed by the real government
Hong Kong was not separated before the return, nor was it after the return.Without thinking, it is arbitrarily added to Hong Kong in the textbook. It is the fact that Hong Kong is divided into three powers.The government is incompetent and has not been corrected in time. This is the fault of officials, but the ability of the Hong Kong government to make mistakes is endless.Before the return of Hong Kong, it was a complete administrative leader. It was a dictatorship system that the colonial system and the Governor of the Hong Kong Governor said. It is estimated that people who want a few seconds can be distinguished.After the return, the one country, two systems greatly optimized this system, greatly improved the institutional guarantee of judicial independence in politics, giving great autonomy for the operation of the legislature, and confirming the basic law of the constitutional significance.Powerful connotation.The separation means that the daily operations of the three departments are not disturbed by sovereignty or other departments. In the process of exercising power, they also take into account the supervision function that other departments should have.
Due to the paranoia of Western politics, it is generally believed that the administrative department is the most likely to corruption and is an abuse of power. Everyone is convinced that the supervision power of judicial and legislators must point to the administrative agency.This statement that monitoring and restricting power is purely to the administrative system, but the original meaning of the design of the political system is not completely consistent, but also slightly deviated with the spirit of power separation.According to the theory of political science, separation refers to the use of non -intervention of other political departments and not being intervened to ensure the use of supervision power.Supervision power is not the only task of various departments, but at the same time to play the role of supervision.The main work of the legislature is legislative. In the process of legislation, the legislative suggestions of the administrative organs are reviewed and supervised.If the legislature discovers the work of the administrative system or does not meet the overall interests of the society, it has the responsibility to propose and require corrections.Therefore, the separation of power allows each department to specialize in the work within its own position, not only to supervise, but also to avoid intervention.
Taking the United Kingdom as an example, it is the political structure of the parliament. The power of the administrative department comes completely comes from the parliament. To organize the government, we must first control the parliament and lose the control of the parliament. The government will fall.EssenceHowever, the British courts fully meet the principles of judicial independence in reality.British Prime Minister Johnson requested the extension of Congress vacation in the second half of last year to hinder the debate Brexit plan. As a result, the defendant went to the court.The judgment of the British Supreme Court argues that the representatives of Congress are sovereignty. The Prime Minister has no power to reject Congress to use enough time to debate and must reopen Congress.Many people suddenly realized that the United Kingdom was not separated from the three powers, and the administrative department subordinated with the parliament, but the court still exercised independence.The British parliament, judicial system, and administrative organs are not separated, but the court can operate independently and exercise supervision power on administrative and legislators. This shows that separation is not a prerequisite for judicial independence.It will not be concluded that the judicial cannot be independent or the parliament cannot supervise the administrative organs.If in the past few decades, whether it is before or after returning, Hong Kong has no systematic design, but it is recognized by the world as judicial independence. Today, the Hong Kong government explained that Hong Kong is not a three -power separation system. Why will it affect judicial independence?fact?
Power separation under administrative leadership
However, the British case also proposed an interesting issue. The court believes that the British Parliament represents sovereignty, and most people will believe that sovereignty usually belongs to the administrative organs.In fact, this is another misunderstanding.Everyone knows that Britain is a constitutional monarchy, but it can only explain the historical origin of the constitution. The British monarch has no real power and cannot even talk about the symbolic role.On the surface, the British monarch invites the leader of the ruling party to organize the government, but because the monarch can only invite the ruling party when performing the task, a political party has won most of the seats in the parliament and controlled the parliament.Government object.This establishes the fact that Britain's sovereignty belongs to Congress, and the British monarch can only be regarded as the spokesperson for sovereignty.
In the colonial Hong Kong, the situation is just the opposite.As the master of the clan, Britain has the right to delegate Hong Kong Governor of Hong Kong. He is responsible for the members of the legislature and the judge at the same time. Therefore, the parliament of the Hong Kong and British periods fully belongs to the Chief Executive, and it cannot be said to be separated.After the return, the members of the parliament were elected by the election. Although the power of the Chief Executive changed, it did not substantially change the political system led by the administrative leadership.In addition to China's political choice after re -exercise Hong Kong's sovereignty, it is more important to effectively establish sovereignty in a non -administrative -led subordinate political unit.This has created the chief executives that are often mentioned in recent years as the head of the Hong Kong administrative organs and the general person in charge of Hong Kong power. It is not only responsible for Hong Kong people, but also to be arranged by the central government.
Sovereignty is an important concept, but Hong Kong people generally do not argue with it, and believe that Hong Kong's sovereignty has long been concluded.The sovereignty is clear, but how to reflect sovereignty in Hong Kong, and it exists based on the principle of governing Hong Kong and the principle of high autonomy, and how it is authorized. Who is the object of authorization is an important institutional design.The power structure of Hong Kong is the Basic Law of the Central Government through the Basic Law of the People's Congress.In the process of separation of disputes, in addition to the concerns of judicial independence, there are also many arguments in Hong Kong's administrative dominance.According to the Basic Law, the administrative department cannot interfere with the daily work of the judicial and legislators, and there is no design of the legislative and judicial agencies that belong to the administrative department. Even if the central government or the Hong Kong government has not identified it today, it is just that the political system of Hong Kong is the administrative leadership.Do not agree that Hong Kong is an administrative leadership that the Basic Law does not have such a statement, and this statement challenges the independence of legislation and judicial power. Since the Basic Law handles legislation and judicial power with independent provisions, at least it proves that the legislative and judicial departments will not be treated with the legislative and judicial departments.That is, administrative power is not applicable to them.
This is actually a cognitive conflict extended during the discussion process in mainland China and Hong Kong.What is dominant?If the administrative department does not agree with the proposal, the legislative agencies cannot conduct legislation involving government policies; if the administrative department does not propose prosecution to some people, the court is close to criminal cases without criminal cases.Of course, there are many other contents. For example, the emergency law can allow the Chief Executive to legislate directly. The Chief Executive appointed most judges as a must. In the case of the Standing Committee of the People's Congress explaining the Basic Law, he / she can also follow his will at any time according to his own will.Through the seeking interpretation directly through the State Council, in 1999, Article 22 and 24 of the Basic Law on the right of residence rights. In 2004The relevant cases of this Law and the timing before the final judgment.With the leading identity, is the Chief Executive's Chief of Administrative Officer not be subject to any constraints?of course not.It must abide by the court's decision. The laws formulated by the legislature must be effectively applied to all administrative departments, and they can even veto the government's fiscal budget.Tagming this system with power separation, it can only be said that it is the separation of power under administrative leadership.
Academic disputes cannot answer politics
Political issues can never get a perfect answer through the theoretical argument, so it is politics.The greatest confusion of politics is that anyone can make issues, and political disputes are often unable to get simple answers.The separation of three powers as an issue of academic debate can help students understand the differences and structural conflicts of various systems, and understand the cognition and consensus of different society's different power design differences.However, the simplicity of the political system is used as a means of understanding as a means of understanding.We want to confirm whether Hong Kong has judicial independence. In addition to reviewing from institutional design, it is more important to evaluate through the daily judicial interrogation process.If we want to know whether Hong Kong has the essence of administrative leadership, the key is to judge from all aspects of government work and power applications.Hong Kong is a local regime in China. Without sovereignty, it cannot operate at all. Therefore, when examining Hong Kong's administrative power, it is necessary to determine that the central government has authorized the Hong Kong government, not other departments.In this case, how can we ignore the significance of this part of the power in administrative leadership, and how can we directly equalize the nature of the power of the Hong Kong administrative organs from the legislation and the judicial organs to build a systematic imagination of the separation of three powers?
The chaos of Hong Kong's political discussion has a long history. Whether it is the status of the China United Affairs Office of Hong Kong, it is under the jurisdiction of Article 22 of the Basic Law.No power will change the Legislative Council's term to five years to five years.These may be an important arrangement in the constitutional system, but if everyone requires people to modify the general law of the constitutional significance to a category that can clearly guide the implementation of the Hong Kong General Law. Does it meet the original intention of Hong Kong people to govern Hong Kong and highly autonomy?Sometimes I feel puzzled. Some legal circles constantly put forward various political imaginations. In the end, they want to discuss vaguely with saliva. They believe that they can broaden Hong Kong's political space.Range?When we think we are very clever, and maybe we must think about whether the other party is really stupid as you think, and in the face of power, small cleverness will not be used much.
