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随着澳门与内地货物贸易的日益频繁,两地在缺陷产品的救济与管制方面也应减少法律冲突,加强协调。澳门与内地有关缺陷产品的法律冲突包括私法救济上的冲突和公法管制上的冲突,对之予以协调具有必要性和可行性。就法律协调的取向而言,应首先统一冲突法,然后循序渐进地统一实体法。就法律协调的方法而言,当前宜制定示范法由两地立法机构选择适用或由两地行政机关、司法机构签订有关缺陷产品的协议。对缺陷产品问题进行法律协调分为私法上的统一和公法上的协调,前者包括实体法之统一和冲突法之统一,后者涵盖了两地政府监管和刑事管辖的相互协作。
With the increasingly frequent trade of goods between Macao and the Mainland, the two places should also reduce legal conflicts and enhance coordination in the relief and control of defective products. The legal conflicts between Macao and the Mainland on defective products include the conflict of private law remedies and the regulation of public law. It is necessary and feasible to coordinate them. As far as the legal coordination is concerned, the conflict law should be unified first and then the substantive law should be unified step by step. As far as the method of law coordination is concerned, it is currently advisable to formulate an agreement on the model law to be adopted by the legislative bodies of both places or signed by the administrative agencies and judicial authorities of the two places on the defective products. The legal coordination of defective products is divided into the unification of civil law and public law. The former includes the unification of substantive law and the unification of conflict law, and the latter covers the mutual cooperation between the government supervision and criminal jurisdiction.