頁籤選單縮合
題 名 | 論澳門特別行政區與內地的法律衝突=The Consideration About the Conflict of Laws between the Macau SAR and Mainland China |
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作 者 | 曾忠恕; | 書刊名 | 行政:澳門政府雜誌 |
卷 期 | 43 1999.03[民88.03] |
頁 次 | 頁213-225+308-309 |
分類號 | 580.16 |
關鍵詞 | 澳門特別行政區; 法律衝突; |
語 文 | 中文(Chinese) |
英文摘要 | On the basis of "one country, two systems", Macau enjoys a high degree of automony, including independent judicial power, But as a capitalist local government, the special administrative region maintains a relationship with the socialist central authorities. Owing to their differences in social, political and judicial systems, Macau will certainly face conflicts of laws with Mainland China. Due to the historical reason, Macau belongs to the continental legal system originated in the west, while the socialist China uses written law with its own tradition and characteristics. These differences in legal tradition and in the essences of their ideologies cause a series of conflicts in their civil laws, criminal laws and administrative laws. To resolve these conflicts, many legal experts in China suggest enacting an inter-regional conflict law and a unified entity law. But these solutions are not practical since the two legal regions have laws very differenct from each other, and the socialist legal viewpoint adopted by China is different from the one adopted in the SAR. Another recommendation is to establish a judicial institute other than the Peoples' Supreme Court in China, and the Court of Final Appeal in the SAR. But this is neither applicable bacause it would obstruct the practice of final adjudication power in the SAR and not correspondent to the legal system in Mainland China. Since the methods mentioned above do not conform to the reality in China and Macau, and agreement for conflicts of law might be a better alternative. To consider this kind of agreement, jurisdictions and application of laws of the two different legal regions, should not be ignored. It is very important to decide either the court in China or the court in Macau should try any particular civil case or criminal case. And it is of equal importance to know either China law or the SAR law should be applied to the case. By reaching an agreement to define the jurisdictions and application of laws, courts in two sides can have a better understanding and cooperation to deal with civil cases, which involve properties and people from two different legal regions. As for criminal case, apart from the regulations in Basic Law, negotiation by the institutions concerned on both sides is also a good way to eliminate any conflict of laws. Current practice of "dependency" is a principle for China and Macau to decide their limits of criminal jurisdiction. For instance, when a crime is committed in Macau, the jurisdiction belongs to Macau judicial authority and Macau laws should be applied, no matter who the suspects, the defendants or the victims are --Macau residents or visitors from China. But when a crime or a series of crimes is committed in both sides, or by a group of suspects including Macau and China residents, judicail institutes from both sides should negotiate who is going to carry out its jurisdiction. |
本系統中英文摘要資訊取自各篇刊載內容。