中國內地與澳門商事法律規則的特徵對比與銜接建議

Since the promulgation of the “Overall Programme for the Construction of the Hengqin Guangdong-Macao Deep Cooperation Zone”, it has become an important task that has attracted a great deal of attention how to “gradually build a system of civil and commercial rules that is in line with those of Macao and the international community on the premise of complying with the Constitution and Basic Law of the Macao Special Administrative Region”. As far as commercial law is concerned, there are many differences between the Mainland and Macao in terms of legislative style, basic concepts, design of specific rules, culture of applicable laws, etc., which pose some difficulties for the convergence work, but it is not impossible. Based on the comparison of the characteristics of the Mainland China and Macao commercial laws, this article makes specific suggestions on how to achieve convergence. The article argues that the articulation of the commercial laws of the Mainland and Macao should be carried out in two stages: the firststage is the harmonisation of the conflict of laws rules of the two places to eliminate the contradictions in the application of the laws, but this is obviously not a long-term solution. In the long run, i.e. in the second stage, different types of convergence should be chosen according to the issues involved.