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本文介绍了澳门特区成立以来澳门行政诉讼管辖制度,相关法律制度亦比较完整,透过《澳门特别行政区基本法》、《司法组织纲要法》、《行政诉讼法典》等勾画出行政诉讼管辖体系。在第一审级内设立了行政法院,专门处理行政诉讼案件,但这并不意味着独享行政诉讼专属管辖权,在上诉层面,行政诉讼管辖权分别由中级法院及终审法院行使。此外,澳门特区行政诉讼另一特色是,因应作出行政行为者的身份和地位,行政诉讼案件的第一审级可从上级法院至中级法院展开。
This article introduces the administrative jurisdiction system of Macao since the founding of Macao SAR and the related legal system is quite complete. It draws up the administrative jurisdiction system through the “Basic Law of Macao Special Administrative Region”, “Outline of Judicial Organization” and “Administrative Procedure Code”. An administrative court has been set up within the first instance to deal exclusively with administrative litigation cases. However, this does not mean exclusively exclusive jurisdiction over administrative litigation. At the level of appeal, administrative litigation jurisdiction is exercised by intermediate courts and the Court of Final Appeal respectively. In addition, another feature of the administrative litigation in the Macao SAR is that, in view of the identity and status of those who make administrative acts, the first instance of administrative litigation cases can be conducted from a higher court to a middle court.