基本权利视野下的香港社会运动
发布时间：2018-11-04 11:41
【摘要】：香港在回归前后,无论是经济还是社会都发生了翻天覆地的变化,但是没有改变的是香港社会中普遍存在的一种社会现象,那就是香港社会运动。当然伴随着香港的回归，香港社会运动还是发生了一些显著变化的。香港社会运动与传统社会运动不同，它有自己鲜明的特点和独特的类型。香港社会运动这些显著的特征是在特定背景下形成的。香港社会运动一般是有秩序进行的，并且每次香港社会运动都能够引起香港政府的互动。 本文从香港特别行政区发生的社会运动出发，研究香港社会运动这些显著特征产生的原因、社会运动兴起背景以及香港社会运动中出现的法律问题。香港社会运动之所以能够发生，是因为香港即存的法律制度为其提供了法律制度的保障。其中与香港社会运动联系最紧密的还是香港居民的基本权利，香港居民的基本权利为香港社会运动提供了权利基础。香港居民基本权利与香港社会运动紧密联系体现在以下三个方面：第一、香港社会运动中表达自己诉求的方式是言论自由的体现；第二、香港社会运动是一种集体行动，集体行动是集会自由的体现；第三、香港社会运动多半都是由固定组织发起的，这些固定组织的成立也是结社自由的体现。 香港社会运动是与基本权利紧密相关的，基本权利不仅仅是社会运动发起的权利基础，而且香港法律制度通过对基本权利的保障以及通过对基本权利的限制来保障香港社会运动合法有序的进行。本文分为五个部分，第一部分阐述社会运动和基本权利关系的基本理论，分析基本权利对社会运动的保障、社会运动的发生对基本权利产生影响。第二部分对比香港回归前后发生的社会运动，从而得出香港社会运动的特点、香港社会运动兴起的背景以及香港社会运动的类型。第三部分从香港居民言论自由的保障和限制分析言论自由在社会运动中的价值。第四部分分析香港居民集会自由与香港社会运动的关系，通过对香港判例的分析得出香港警察处处长对集会自由自由裁量权的行使不是任意的，而是根据法律规定行使的。第五部分从香港回归前后成立的主要社会团体组织分析香港社会运动，香港政党的发展影响了社会运动的发展，使香港社会运动有了新的特点。
[Abstract]:Before and after the reunification, the economy and society of Hong Kong have undergone earth-shaking changes, but what has not changed is a social phenomenon that is prevalent in Hong Kong society, that is, the social movement in Hong Kong. Of course, with the return of Hong Kong, the social movement in Hong Kong has undergone some significant changes. Hong Kong social movement is different from traditional social movement, it has its own distinctive characteristics and unique types. These salient features of the Hong Kong social movement are formed in a particular context. Social movements in Hong Kong are generally conducted in an orderly manner, and each Hong Kong social movement can lead to interaction with the Hong Kong Government. Starting from the social movement in the Hong Kong Special Administrative region, this paper studies the causes of these remarkable features of the social movement in Hong Kong, the background of the rise of the social movement and the legal problems arising in the social movement in Hong Kong. The reason why Hong Kong social movement can take place is because Hong Kong's immediate legal system provides the protection of its legal system. Among them, the basic rights of Hong Kong residents are the most closely related to the social movement in Hong Kong, and the basic rights of Hong Kong residents provide the right basis for the social movement in Hong Kong. The basic rights of Hong Kong residents are closely related to the Hong Kong social movement in the following three aspects: first, the expression of their demands in the Hong Kong social movement is the embodiment of freedom of speech; Secondly, the social movement in Hong Kong is a kind of collective action, and collective action is the embodiment of freedom of assembly. Third, most of the social movements in Hong Kong are initiated by fixed organizations, and the establishment of these fixed organizations is also the embodiment of freedom of association. The social movement in Hong Kong is closely related to fundamental rights, which are not only the foundation of rights initiated by social movements. Moreover, the Hong Kong legal system ensures the legal and orderly conduct of Hong Kong's social movement through the protection of basic rights and the restriction of basic rights. This paper is divided into five parts. The first part expounds the basic theory of the relationship between social movement and basic rights, and analyzes the protection of basic rights to social movement, the emergence of social movement has an impact on basic rights. The second part compares the social movements that occurred before and after Hong Kong's return to China, so as to obtain the characteristics of the social movements in Hong Kong, the background of the rise of the social movements in Hong Kong and the types of social movements in Hong Kong. The third part analyzes the value of freedom of speech in social movement from the protection and restriction of Hong Kong residents' freedom of speech. The fourth part analyzes the relationship between the freedom of assembly of Hong Kong residents and the social movement in Hong Kong. Through the analysis of the Hong Kong case law, it is concluded that the exercise of the discretion of assembly by the Director of Police in Hong Kong is not arbitrary, but is exercised in accordance with the provisions of the law. The fifth part analyzes the social movements in Hong Kong from the major social organizations set up before and after the handover. The development of political parties in Hong Kong has affected the development of social movements and made the social movements in Hong Kong have new characteristics.
【学位授予单位】：广东商学院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D921.9
本文编号：2309722
[Abstract]:Before and after the reunification, the economy and society of Hong Kong have undergone earth-shaking changes, but what has not changed is a social phenomenon that is prevalent in Hong Kong society, that is, the social movement in Hong Kong. Of course, with the return of Hong Kong, the social movement in Hong Kong has undergone some significant changes. Hong Kong social movement is different from traditional social movement, it has its own distinctive characteristics and unique types. These salient features of the Hong Kong social movement are formed in a particular context. Social movements in Hong Kong are generally conducted in an orderly manner, and each Hong Kong social movement can lead to interaction with the Hong Kong Government. Starting from the social movement in the Hong Kong Special Administrative region, this paper studies the causes of these remarkable features of the social movement in Hong Kong, the background of the rise of the social movement and the legal problems arising in the social movement in Hong Kong. The reason why Hong Kong social movement can take place is because Hong Kong's immediate legal system provides the protection of its legal system. Among them, the basic rights of Hong Kong residents are the most closely related to the social movement in Hong Kong, and the basic rights of Hong Kong residents provide the right basis for the social movement in Hong Kong. The basic rights of Hong Kong residents are closely related to the Hong Kong social movement in the following three aspects: first, the expression of their demands in the Hong Kong social movement is the embodiment of freedom of speech; Secondly, the social movement in Hong Kong is a kind of collective action, and collective action is the embodiment of freedom of assembly. Third, most of the social movements in Hong Kong are initiated by fixed organizations, and the establishment of these fixed organizations is also the embodiment of freedom of association. The social movement in Hong Kong is closely related to fundamental rights, which are not only the foundation of rights initiated by social movements. Moreover, the Hong Kong legal system ensures the legal and orderly conduct of Hong Kong's social movement through the protection of basic rights and the restriction of basic rights. This paper is divided into five parts. The first part expounds the basic theory of the relationship between social movement and basic rights, and analyzes the protection of basic rights to social movement, the emergence of social movement has an impact on basic rights. The second part compares the social movements that occurred before and after Hong Kong's return to China, so as to obtain the characteristics of the social movements in Hong Kong, the background of the rise of the social movements in Hong Kong and the types of social movements in Hong Kong. The third part analyzes the value of freedom of speech in social movement from the protection and restriction of Hong Kong residents' freedom of speech. The fourth part analyzes the relationship between the freedom of assembly of Hong Kong residents and the social movement in Hong Kong. Through the analysis of the Hong Kong case law, it is concluded that the exercise of the discretion of assembly by the Director of Police in Hong Kong is not arbitrary, but is exercised in accordance with the provisions of the law. The fifth part analyzes the social movements in Hong Kong from the major social organizations set up before and after the handover. The development of political parties in Hong Kong has affected the development of social movements and made the social movements in Hong Kong have new characteristics.
【学位授予单位】：广东商学院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D921.9
【参考文献】
相关期刊论文 前3条
1 赵晗;;咨询式政府体制:政府有效回应的制度基础——以香港特区政府为例[J];黑龙江社会科学;2011年05期
2 尹保云;;公民社会运动与韩国的民主发展[J];韩国学论文集;2010年00期
3 黄淑文;何家骐;;香港特区的社会运动:大专生的视角初探[J];青年探索;2012年06期
相关硕士学位论文 前1条
1 张祖明;论集会权[D];苏州大学;2004年
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