How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law

The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.

论澳门特区立法会间选制度设计及其完善方向

本文从分析澳门特区立法会间选实务中的种种现象入手,力避政治纷争和利益格局带来的种种影响,全面梳理了调整立法会间选制度的现行法律规范。指出立法会间选制度中法定界别法人选民就特定议席展开的提名和选举,目前存在着法定议席确定难具客观性、法人选民界别划分缺乏确定性、法人提名和投票制度不公平等制度设计和运作方面的问题,并根据《基本法》规定的应然逻辑提出修订和完善相关制度的意见建议。