澳门特别行政区司法机关具体产生办法
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(Adopted at the Ninth Plenary Session of the Preparatory Committee for the Macao Special Administrative1 Region of the National People's Congress on July 3, 1999)
颁布日期:19990703  实施日期:19990703  颁布单位:全国人民代表大会澳门特别行政区筹备委员会

  Article 1 These Methods are formulated2 in accordance with the Basic Law of Macao Special Administrative Region (hereinafter referred to as the Basic Law) and the Decision of the National People's Congress on the Method for the Formation of the First Government, the First Legislative3 Council and the First Judiciary of the Macao Special Administrative Region in order to organize the judiciary of the Macao Special Administrative Region.

  Article 2 The organization of the judiciary of the Macao Special Administrative Region shall reflect the principles of State sovereignty and smooth transition, and shall comply with the practical situation of Macao.

  Article 3 The Macao Special Administrative Region shall be vested with independent judicial4 power, including that of final adjudication.

  Article 4 The primary courts, intermediate courts, and Court of Final Appeal shall be established in the Macao Special Administrative Region.

  Article 5 The primary courts are the courts of first instance in the Macao Special Administrative Region.

  Special courts may be established within the primary courts if necessary. The previous systems concerning criminal prosecution5 shall be maintained.

  Article 6 An administrative court shall be established in the Macao Special Administrative Region to exercise jurisdiction6 over administrative and tax cases. If a party refuses to accept a judgment7 by the administrative court, he or she shall have the right to file an appeal with an intermediate court.

  Article 7 The intermediate courts are the appellate courts for the primary courts and the administrative court, and are at the same time the court of first instance for relatively8 important cases.

  Article 8 The Court of Final Appeal is the supreme9 court in the Macao Special Administrative Region and exercises the power of final adjudication of the Macao Special Administrative Region.

  The Court of Final Appeal hears appellate cases from inferior courts as well as important first instance cases.

  Article 9 The courts of the Macao Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions10 on their jurisdiction imposed by the legal system and principles previously11 in force in Macao shall be maintained.

  The courts of the Macao Special Administrative Region shall have no jurisdiction over acts of State such as defence and foreign affairs.

  Article 10 The number of judges in courts of the Macao Special Administrative Region at each level shall be: no more than 18 judges for the primary court, no more than 2 judges for the administrative court, 5 judges for the intermediate court, 3 judges for the Court of Final Appeal.

  Article 11 Judges of the courts of the Macao Special Administrative Region at all levels shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, lawyers and eminent12 persons.

  Judges shall be chosen on the basis of their Professional qualifications. Judges shall be chosen mainly from local legal professionals who are permanent residents of the Region and who meet the criteria13, and qualified14 judges of foreign nationality may also be employed.

  Article 12 The primary courts, intermediate courts and Court of Final Appeal each shall have a president who shall be chosen from among judges and appointed by the Chief Executive.

  The President of the Court of Final Appeal of the Macao Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region.

  The appointment and removal of the President of the Court of Final Appeal shall be reported to the Standing15 Committee of the National People's Congress for the record.

  Article 13 The procuratorates shall be established in the Macao Special Administrative Region. The procuratorates shall exercise procuratorial functions as vested by law, independently and free from any interference.

  Article 14 The procuratorates of the Macao Special Administrative Region shall have one Procurator-General, and approximately 20 procurators.

  The Procurator-General of the Macao Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region.

  The Procurator-General of the Macao Special Administrative Region shall be nominated by the Chief Executive and appointed by the Central People's Government.

  Procurators shall be nominated by the Procurator-General and appointed by the Chief Executive.

  Article 15 The president and judges of the courts of the Macao Special Administrative Region at all levels, the Procurator-General, and procurators must uphold and abide16 by the Basic Law, and shall have Bachelor degree or higher in laws and shall have legal profession experience.

  Article 16 When assuming office, the President of the Court of Final Appeal and Procurator-General, judges and procurators of the Macao Special Administrative Region must take an oath in accordance with the Basic Law.



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1 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
2 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
3 legislative K9hzG     
n.立法机构,立法权;adj.立法的,有立法权的
参考例句:
  • Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
  • Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。
4 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
5 prosecution uBWyL     
n.起诉,告发,检举,执行,经营
参考例句:
  • The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
  • He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。
6 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
7 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
8 relatively bkqzS3     
adv.比较...地,相对地
参考例句:
  • The rabbit is a relatively recent introduction in Australia.兔子是相对较新引入澳大利亚的物种。
  • The operation was relatively painless.手术相对来说不痛。
9 supreme PHqzc     
adj.极度的,最重要的;至高的,最高的
参考例句:
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
10 restrictions 81e12dac658cfd4c590486dd6f7523cf     
约束( restriction的名词复数 ); 管制; 制约因素; 带限制性的条件(或规则)
参考例句:
  • I found the restrictions irksome. 我对那些限制感到很烦。
  • a snaggle of restrictions 杂乱无章的种种限制
11 previously bkzzzC     
adv.以前,先前(地)
参考例句:
  • The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
  • Let me digress for a moment and explain what had happened previously.让我岔开一会儿,解释原先发生了什么。
12 eminent dpRxn     
adj.显赫的,杰出的,有名的,优良的
参考例句:
  • We are expecting the arrival of an eminent scientist.我们正期待一位著名科学家的来访。
  • He is an eminent citizen of China.他是一个杰出的中国公民。
13 criteria vafyC     
n.标准
参考例句:
  • The main criterion is value for money.主要的标准是钱要用得划算。
  • There are strict criteria for inclusion in the competition.参赛的标准很严格。
14 qualified DCPyj     
adj.合格的,有资格的,胜任的,有限制的
参考例句:
  • He is qualified as a complete man of letters.他有资格当真正的文学家。
  • We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。
15 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
16 abide UfVyk     
vi.遵守;坚持;vt.忍受
参考例句:
  • You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
  • If you join the club,you have to abide by its rules.如果你参加俱乐部,你就得遵守它的规章。
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