}
be in accordance with the
Constitution of the PRC and be consistent with the Basic Law of the Hong Kong SAR passed by the NPC. Therefore, the legal system that will come into being under one country two systems' will be a new structure in which the two systems coexist with the socialist system being the principal
part.
(ii)
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After `one country
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say
two systems' is put into practise, from the point of view of our country's legal system, that is to its legal traditions or the legal structures deriving from it, а whole range of new characteristics will appear as well as laws and regulations deriving
deriving from differing legal set-ups. In the last few years, a number of scholars have suggested that their are 3 main legal systems in the world at the moment, and of them there are 2 capitalist legal systems but have an influence throughout the world. These are the continental legal system and the common law legal system (dalu faxi and putong faxi). Since the October revolution has also been the socialist legal system. From this point of view the legal system to which our country and its laws belong is the socialist legal system. Although the influence of the continental legal system on our laws was considerably large and has resulted in a number of aspects characteristic of the continental legal system nonetheless its main characteristic is that of Chinese socialism. But from the basic characteristics, nature and type of our laws it can be seen that they all belong to the socialist legal system. However, after one country
two systems' is put into practice, in our country's legal system not only will the single socialist legal system remain but there will also be laws from the common law system and the continental law system. For example, the Hong Kong SAR it will be permitted to keep its original laws including the common law, rules of equity, regulations, law making by precedence, and customary law (putong fa, hengping fa, tiaoli, fushu lifa, xiguan fa) all of which belong to the common law legal system. If Macao sets up a special administrative region in the future it will be allowed to maintain Macao's previous laws, regulations, administrative regulations and other documents of a regulatory nature. Similarly in a future Taiwan SAR, it too will be allowed to maintain its previous laws. But these laws belong to the continental law tradition. Thus, after `one country - two systems' is put into practice within China's legal system, not only will there be two types of legal systems or legal set-ups, but there will also be a third. This new set-up of `one country - two systems three legal systems' will become a characteristic of the future Chinese legal system.
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(iii) After `one country two systems' has been put into practice, the arrangements for the internal organization of our country's legal system will become even more complex. At the moment, as far as the mainland is concerned, our country's legal system is divided up into various different and independent legal departments, and within each legal department there are several different levels.
For example, in the department of constitutional law, apart from the Constitution which occupies the overall directing point there is also a second level of law which includes the organic laws for state departments, the Election Law, and the National Minority Autonomy Law. This second level of law also includes a third level such as, the business regulations for the
NPC Standing Committee. After one country two systems' is put into practice, from the point of view of the laws of the Hong Kong SAR, apart from the Basic Law of the SAR which belongs to the basic laws of our country, Hong Kong will also be able to keep its pre-existing laws and to have laws decided upon by the legislative organs of the Hong Kong SAR and these will be taken together
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as