頁籤選單縮合
題 名 | 澳門法律本地化的新思考=Reflection on the Localization of Law in Macau |
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作 者 | 孫同鵬; | 書刊名 | 行政:澳門政府雜誌 |
卷 期 | 42 1998.12[民87.12] |
頁 次 | 頁1157-1162+1241-1242 |
分類號 | 580.9282 |
關鍵詞 | 澳門; 法律本地化; |
語 文 | 中文(Chinese) |
英文摘要 | The localization of legislative system, of judicial officials and of legal language are the “ hardware ” of the juridical system, while the “ soft-ware ”--awareness, comprehension, cognition, acceptance and compliance of the citizens--is indispensable for its smooth operation. The author, in this article, analyzes the role of this “ software ” in the localization of law from a legal sociological point of view, with an aim to give new ideas to the localization work. Historically, as the laws in Macau were closely linked with that of Portugal and Portuguese was the only official language, laws written in portuguese could hardly be understood and accepted by the Chinese community. During the 100 years' of direct Portuguese administration, the Chinese people were basically excluded from the administrative system and deprived of the knowledge of the laws. The society was under the rule of informal norms, i.e., customs and traditions--the concept of “ living law ”. Now, the localization of law is carried out in different levels and progress is seen. However, these progresses are only limited to mere transplant or simple correspondence without considering of the real practice and results. Laws, as formal norms, can be implemented without too much enforcement if there is supporting force from the customs and traditions. With rapid economic and social development, citizens are more conscientious to law. As Macau enters the last phase of the transition period, they are paying more attention to the political, social and juridical changes. The localization of law is a long-term process that may only be completed in generations. The author thinks that there will be a bright perspective for the localization of law in Macau, on the ground that the current juridical system will be maintained since the 400 years' friendship between China and Portugal has built a firm base on the society psychologically and culturally. Besides, with the continuation of the juridical development in China and embedment of Chinese culture in Macau, the localization of law and the establishment of juridical system in Macau will be successful. |
本系統中英文摘要資訊取自各篇刊載內容。