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澳门基本法的司法适用主要有三种途径:一是对基本法进行司法解释;二是直接适用基本法作为裁判依据;三是依据基本法解决法律规范的冲突。基本法的司法适用具有法律解释和法律适用的性质,在形式上具有附带性基本法审查特点,需要在法律上规制其带来的风险,完善全国人大常委会审查特区法律是否符合基本法的机制。
There are basically three kinds of judicial application of the Basic Law in Macao: one is to make judicial interpretation of the Basic Law; the other is to directly apply the Basic Law as a basis for adjudication; and the third is to resolve the conflict of legal norms in accordance with the Basic Law. The judicial application of the Basic Law has the characteristics of legal interpretation and application of law. It has the characteristics of incidental basic law review in the form of regulation of the risks brought by the law and the mechanism for the Standing Committee of the National People’s Congress to review whether the SAR laws are in conformity with the Basic Law.