Your search

Publication year

Results 14 resources

  • With the rapid development of Internet technology and the acceleration of globalization, cross-border cybercrime has become a global challenge, and its complexity and severity are increasingly prominent. Cyberspace is unbounded, anonymous and real-time, which provides unprecedented convenience for criminals, enabling them to easily cross-national borders and commit a series of criminal acts that seriously endanger national security, social stability and citizens' rights and interests, including online fraud, online gambling, online money laundering and infringement of intellectual property rights. These crimes not only destroy the order of cyberspace, but also pose new challenges to the legal system and jurisdiction of the real world. As two closely linked economies, Macao and China enjoy the convenience brought by the Internet, but they are also deeply troubled by cross-border cybercrimes. Although the two places belong to the same sovereign country, there are significant differences in legal systems, judicial systems and law enforcement practice, which may lead to conflicts and differences in the jurisdiction, investigation, prosecution and trial of cases. These legal conflicts not only affect the fairness of cases, but also hinder the effective cooperation between Macao and China in combating cross-border cybercrimes, posing a serious threat to maintain social stability and protecting citizens' rights and interests in the two places. Therefore, it is not only of great theoretical significance, but also of far-reaching practical significance to study the criminal jurisdiction over cross-border cybercrimes between Macao and China. From a theoretical point of view, the criminal jurisdiction of cross-border cybercrime involves many disciplines such as constitutional law, criminal law, criminal procedure law, and also the application of the Basic Law of Macao, which is a complex research topic. With the continuous innovation of Internet technology, the applicability of the traditional criminal jurisdiction principle in cross-border cybercrimes is seriously challenged. How to re-examine and define the criminal jurisdiction of cross-border cybercrimes in the new era and how to coordinate the jurisdiction conflicts between different jurisdictions have become urgent problems in current legal research. From a practical point of view, cross-border cybercrime has seriously endangered the social stability and economic development of Macao and China. Criminals use the Internet to engage in cross-border gambling, cross-border fraud, spread network viruses and other criminal activities, which not only bring huge economic losses and psychological trauma to the victims, but also seriously undermine the social atmosphere and market order. Therefore, it is of great significance to strengthen the crackdown on cross-border cybercrimes and improve the criminal jurisdiction system of cross-border cybercrimes for maintaining the stability of the society and promoting healthy economic development in both places.

  • This dissertation studies the regulatory framework of aviation reform in the Macau Special Administrative Region, focus on the balance between protecting local businesses and promoting market liberalization. The study explores how Macau, as a highly autonomous local administrative region in China with a relatively small economy, can effectively reform its aviation industry while safeguarding local interests in the face of open market competition. The importance of this study lies in its analysis of Macau's aviation sector reforms. As Macau seeks to diversify its economy and strengthen its position as a member of the Greater Bay Area initiative, the aviation industry presents both opportunities and challenges. This research contributes to the broader discussion of how small jurisdictions with special political status can participate in regional economic integration while maintaining their distinct advantages and protecting local interests. The research uses Doctrinal Legal Research and Comparative Legal Research methodologies, utilizing documentary analysis and comparative study methods. This research examines the legal framework of the aviation industry in Macau and the challenges it is currently facing. A comprehensive review of international aviation laws, bilateral air service agreements, and domestic regulations provides the foundation for analyze. The study also conducts a comparative analyze with Hong Kong's aviation framework, offering alternative regulatory approaches for a similar Special Administrative Region of China. Several interesting findings emerged from this research. First, the study identified a fundamental tension between Macau's stated open skies policy and its practical implementation, particularly in limitations of its current concession-based system and the underutilization of international traffic rights. Second, the analysis highlights how the current concession-based system has created a monopolistic market structure that hinders competition and innovation, exacerbated by outdated legislation. Third, the comparative analysis with Hong Kong highlights the importance of a clear legal framework and rules in balancing market liberalization with local industry protection, areas where Macau's current regulations show deficiencies. The concluding thought based on these findings is that Macau's aviation industry reform requires a careful approach that gradually introduces competitive elements while maintaining protections for local enterprises. The study suggests that successful reform will depend on establishing a comprehensive legal framework, implementing a flexible multi-tiered licensing system, enhancing regulatory oversight, and developing mechanisms for regional integration. These reforms must be tailored to Macau's unique circumstances, considering its small market size, political status, and strategic position within the Greater Bay Area.

  • This dissertation examines the current implementation of specific Sustainable Development Goals (SDGs) within the Macau legal system, despite the non-mandatory nature of these goals and how they were implemented. The SDGs, established by the United Nations, provide a comprehensive framework for addressing global social, economic, and environmental challenges. While Macau is not obliged to adopt the SDGs, this study aims to explore the extent to which the principles and objectives of specific SDGs have been integrated into the legal system of Macau. Through an analysis of relevant laws, and policies, this research seeks to identify alignment and visible gaps between the SDGs and the Macau legal framework. The findings of this study may contribute to a deeper understanding of the voluntary implementation of the SDGs in Macau and provide insights for other jurisdictions facing similar circumstances

  • This dissertation is research regarding the achievements and challenges in artificial intelligence (A) regulation at a domestic level and international level. This study is important because there are more legal issues regarding the application of AI, and AI has grown to be part of the public’s daily lives. A mixed method has been adopted in this research: doctrinal legal research and a comparative legal research method. AI was invented in the 1950s and in the 2000s, has been more accessible to the public. The first AI regulation, the EU AI ACT, has recently been enforced, an AI regulation that has been around for nearly seven decades after its invention. It is high time that regulators in different states invest more effort in AI regulations

  • This research is to assess the current status quo, strengths, and weaknesses of financial consumer protection mechanisms in Macao. According to the World Bank, financial consumer protection can bring positive impact on the development of financial sector, broadening financial inclusion and fostering economic growth. In 2022, under the backdrop of COVID-19 and downturn in economy, Macao Government announced its ambition to recover and diversify the economy of Macao by leveraging “1+4” Diversified Development Strategy, in which developing modern finance is one of the main priorities. The new Financial System Act took into effect on 1st November 2023 and this Act will enable non-financial institutions to apply for temporary licenses on fin-tech innovations within a controllable risk area. In the local context, does Macao have a strong financial consumer protection mechanism in place to goal for developing modern finance and face challenges brought by fin-tech? In this research, a mixed method consisting of doctrinal legal research method and comparative legal research method is adopted. 10 jurisdictions (Ireland, Singapore, Australia, United Kingdom, Malaysia, Hong Kong, China, European Union, Canada, and United States) were selected in comparison of rights for financial consumer protection based on the G20/OECD High-Level Principles on Financial Consumer Protection and the results of which were then compared to the rights for financial consumer protection in Macao. The findings of this study show that the main strength of financial consumer protection mechanisms in Macao lies on the supervision of the Monetary Authority of Macao (AMCM) on the banking sector and insurance sector, other financial institutions according to international principles; however, the in-depthness of work done by Macao in financial consumer protection is not as much as those done by other jurisdictions: in Macao, there is no policyholder protection scheme in the event of failure of insurance companies; no mystery shopping and consumer survey done by oversight bodies; narrow range of definition of vulnerable consumers; no financial literacy survey; no in-depth competition law; no in-depth guidelines to monitor advertising materials for financial products; no database for consumers to search for unregulated firms and scammers; no in-depth financial educational materials about the rights of financial consumers. It is recommended that Macao Government can learn from United Kingdom, Canada and European Union to adopt behavioural insights in developing financial consumer protection policy to protect financial consumers from being exploited by the financial service providers based on the consumers’ behavioural biases. Some literature suggested that consumers are vulnerable in digital landscape. Therefore, it is strongly recommended that Macao Government shall take proactive actions to strengthen the current financial consumer protection mechanism by adhering to the G20/OECD High-Level Principles on Financial Consumer Protection, in order to develop modern finance and protect consumers from the risks posed by fin-tech

  • This thesis first discusses the situation and trends of juvenile crime in Macau in recent years, then reviews the current measures of Macao's juvenile criminal justice system, and the existing policies and regulations on juvenile delinquency, to see what possible impacts of the implementation in preventing juvenile delinquency in Macau. Through analyzing their behavior and causes of juvenile crime in Macau and the youth crime prevention policies in both Macau and neighboring regions. Analyzing the existing policies and regulations on juvenile delinquency, explore the effectiveness of the main existing measures and policies to control this problem, and then make suggestions for control measures based on the future trend of the problem. Throughout the research, it is found that the causes of the problem are not only affected by the subjective psychological state of teenagers, but also affected by differences in social status, socioeconomics, family and school and other external factors.

  • In the virtual space of the Internet, the boundaries of countries tend to be blurred, and the harmful results caused by criminal acts committed thousands of miles away may very likely be close at hand, and criminal acts committed in the territory of a country may be widespread all over the world, which can be said to be a global plague in the Internet era. As a starting point for the criminalisation of cyberspace crimes, Criminal jurisdiction, which is an important form of national sovereignty exercised by a state, is an important prerequisite for a state to exercise its penal power over cyberspace crimes. Many states, out of a desire to maximise their own national interests, have made constant efforts to expand the jurisdictional scope of application of their domestic laws, resulting in circumstances of positive conflict between two or more states. Exploring possible paths to solving the conflict of criminal jurisdiction over transnational cybercrime should begin by identifying why traditional criminal law is not well suited when entering cyberspace, and by examining the strengths and weaknesses of the legislative practices of more advanced jurisdictions with regard to criminal jurisdiction over transnational cybercrime, the shortcomings of the relevant international law and the generally adopted jurisdictional principles, and the feasibility of the new international theories regarding the establishment of jurisdiction over cybercrime, as the main aspects of this study to disentangle the reasons behind the conflict in establishing criminal jurisdiction over transnational cybercrime.

  • This dissertation examines the critical need to continuously update the international tax law against tax avoidance: “status quo” and perspectives for development of the current regime. Employing a doctrinal methodological approach, the research first seeks to uncover the most common forms of international tax avoidance through an extensive literature review. This crucial step provides invaluable insights into the diverse strategies and mechanisms utilized by individuals and businesses to circumvent taxation on a global scale. The dissertation then proceeds to examine how current international tax law addresses the identified forms of tax avoidance. This implies a multi-faceted analysis, including an identification of the relevant international norms and treaties, and an exploration of the main sources of international tax law and their practical application. Recognizing the dynamic nature of the global tax landscape, the dissertation also provides perspectives for the future development of international tax law to better address the challenge of tax avoidance. By thoroughly examining the strengths and limitations of the current international tax law regime, the dissertation offers recommendations for potential improvements to the application of international tax avoidance conventions. The findings of this comprehensive study contribute to the broader understanding of international tax avoidance and its regulation within the framework of international law. The research questions and objectives serve as a guiding framework, enabling a thorough analysis that can inform practitioners, and scholars engaged in the ongoing discourse surrounding global taxation and its implications for economic fairness and transparency

  • The dissertation is about the study on the usage of mediation as the dispute mechanism on the cross-border family dispute issue in the Guangdong -Hong Kong- Macau Greater Bay Area through a comparative law aspects. Under the background of the Country’s Policy in integrating the citizens of the two SARs into China. The citizens of different provinces in PRC and the two SARs have frequent contact such as in business, in personal affairs and so on, the more the contact the more the possibility disputes will arise. With three different jurisdictions and the backlogs from the Courts, to find out the possibility of using another dispute resolution is essential. The study found out the perspectives of the disputed / litigated parties, courts and legal practitioners in usage of mediation, the nature of mediation in use in GBA and the strengths and limitations on the usage of mediation. This research used a mixed methods including doctrinal legal research, comparative legal research method and empirical legal research method. It result from the finding that though there is no specialized legislation in usage of mediation in Macau SAR, there is practice in usage of family mediation. Besides that the judicial mediation in PRC is not the mediation we defined in the literature review, thus it is the conciliation. Whether the recent development in Hong Kong SAR on the procedures M-FDR and M-CDR are in conflict with the facilitative mediation which has all along been practiced in Hong Kong SAR. In conclusion, the perspectives in usage of mediation in PRC and Hong Kong SAR are higher than Macau SAR and the nature of mediation in usage are different in the three jurisdictions. Lastly, in the dissertation provided some reflections on the development of family mediation mechanism in Macau SAR and how to merge the different natures of mediation in GBA

  • The aim of this study is comparing the jurisdiction of the National Security Law in Hong Kong SAR and Macau SAR, also reviewing the practical implementation of the law in the two SARs, analyzing the Chinese government's participation in the governance of national security in two SARs, and exploring the future sustainability of National Security Law in two SARs

Last update from database: 11/15/25, 7:01 PM (UTC)