and it is one of the basic differences between capitalism and socialism. Since the law will protect private ownership this means it is fundamentally protecting the capitalist system. This is an important basis for determining the capitalist nature of the law of the Hong Kong SAR. Therefore, in general terms, we recognise the capitalist nature of the law of the Hong Kong SAR. However, when the very small number of laws with national validity are added to Hong Kong circumstances must change. Hong Kong
law and the law applicable to the whole country will develop contacts and laws decided upon by the legislative authorities of the Hong Kong SAR will not be able to be in conflict with the Basic Law.
basically
Some people ask: will not the fact that there will be no change to the pre-existing law of Hong Kong influence the basic nature of local legislation in China?
maintaining
the of
As far as this question is concerned, just as capitalist system in Hong Kong will not influence the nature the socialist system in the PRC, allowing Hong Kong to maintain its original laws without any fundamental change will not alter the nature of Chinese law. China is a socialist country with 1.1 billion people and maintaining the socialist system is the basic tenet of our nation's development under the guiding principle of one country - two systems'. The fact that a few million people in Hong Kong maintain the capitalist system will not only not harm the basic nature of our socialism, but it could also produce conditions of benefit to Hong Kong and produce supplementary benefits for our own enterprise of socialist modernisation. As far as the legal system is concerned, the two systems will coexist but the legal
legal system occupied by far the greatest part of our country will be socialist while the capitalist system
system will practiced in a very small area and will not be able to influence the fundamental nature of our country's laws. Over the last few decades, Hong Kong law has accumulated much useful experience in promoting a modernised economy, culture, and science and technology • This system and its laws and regulations could be and should be borrowed and adapted for our
modernisation.
own socialist
Section III – The Legal System of the PRC under one country two systems'
A: The special characteristics of the legal system of the PRC under one country - two systems'.
as
According to traditional legal theory, the legal system is defined the accumulation of all the laws and regulations which are in force throughout the country within the boundaries of one particular country. Then according to certain fixed standards and principles, these are divided into various legal departments. These different legal departments have various relationships with one another and reach a common goal whereby a unified overall system is produced. After a country's legal system has been established it is not passive and immutable. It develops and changes according to developments in the society's economic, political, cultural and other circumstances. Every country should according to changes in the objective circumstances carry out constant readjustments to produce its legal system. maintaining harmony and unity between various departmental and other laws and regulations in the legal system system producing harmony within the whole legal system
system according circumstances it can thus promote the development
objective society.
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