A Study on Punishment by Administrative Act based on Macau Administrative Law Lei Pou I (Master of Law in Chinese Language) Directed by Prof. Jiang Chaoyang Abstract The relationship between modern social life and public administration are inseparable. In fact, the preliminary function of public administration was to maintain social order, support the economic environment and provide service to citizens in their daily life. Therefore, apart from affecting the social development of the community, public administration activities have gradually expanded its functions. Now public administration is also involved in some of the civil and commercial activities that should have been autonomous. Citizens should have their duty while enjoying their own rights - on one hand, citizens can enjoy the peaceful and stable life which is maintained by public administration, on the other hand, they should accept punishment if they violated the law set by public administration. In Macao, the mainstream believes that administrative regulations can dominate the management, but lack the power to give any punishment. Thus, no punishment can be implemented if it is not stated in the law. However, as the social situation changes. The diversification of legislative thinking affects the legal changes after the return of Macao, which has caused the administrative regulations to give direct punishment for administrative violations, and the fine amounting up to MOP500,000 for administrative violations and fines, enabling independent administrative regulations. It means that we may have to bear a huge fine for administrative violations. It should be noted that the facts of the administrative offences whose violations are due to their negligence still have to face penalties. For example, commercial activities should be a matter of self-management. However, when the company has applied for a legal license from the government department for running its business, the commercial affairs will become a matter of public administration, which is under the supervision of the government. Anybody ignores the relevant administrative regulations, such as lacking application for a legal license of a commercial act, even if they fail to violate the administrative regulations, they still have to be punished. Therefore, the penalties in the administrative actions of Macao are discussed, particularly, the issues related to the defense of the stakeholders and the implementation of the punishment. It is significant to their own rights, as well as the stability of social development. The issue discussed in this thesis is arranged as follow: A. The Concept and Type of Administrative punishment, B. The Target of Administrative Punishment, C. The Principles of Administrative Punishment, D. The Programs of Administrative Punishment, E. The Defense Ways of People Involved. It is hoped that by comparing data collection, literature review and reference to the provisions of the Administrative Punishment Law of the neighboring regions, find out the similarities in the Macao Administrative Punishment System, and let us to understanding of the concept, type, principles and procedures of The Administrative Punishment, in modern society, all affairs in daily life can be relevant to laws. Keywords: Administrative Laws, Punishment by Administrative Act, Punishment Procedure, Defense Ways

澳門行政法中行政處罰行為研究 中文摘要 現代社會生活與公共行政的協調及管治不可分割。事實上由於公共行政已由最早期僅限於維持社會秩序、及扶助經濟環境等大方向的功能進而細化至協調、服務市民日常生活的各種各樣事情。因此，公共行政活動除可影響社會經濟發展的動向外，因應市民對公共行政的職能要求的逐步擴展、部份本應屬意思自治的民、商事活動項目亦由公共行政局部介入發展成為公共行政監管範疇事項。基於權利與義務並行，市民享受因公權力介入而獲得良好協調的民、商事活動項目的同時，亦須就公共行政的權力範圍膨脹的管治付出代價；違反公共行政監管範疇事項規定時，須面對及接受行政處罰。 一直以來，澳門主流意見認為行政法規僅限於制定公共行政管理範圍的措施、並不直接制定損及權利的規定，否則於行政規範越權的情況下，後果無效。然而隨著社會情況的變更、立法思維的多元化相互影響，澳門回歸後的法制改變，致令今天得以獨立行政法規直接規範行政違法行為及處罰的情況，且罰款金額最高可達澳門幣五十萬元，意味著我們有可能因行政違法行為而須承擔龐大的罰款。須要注意的是：過失的行政違法事實仍須受處罰，例如：商業活動本應屬意思自治事項，但當所經營事務須領有行政淮照時，該經營事務便成為公共行政監管範疇事項，倘因對有關行政法規不知情而未領有淮照時，由於經營時已受有關規定規範而負義務，因此即使無心之失而違反行政規定仍須受處罰。因此探討澳門行政行為中的處罰行為、尤其利害關係人的防禦手段及處罰執行有關的問題，除保障自身權利外對社會發展的穩定性具有一定的意義。 本文所使用的章節編排分為：第一章行政處罰的概念及種類、第二章行政處罰的標的及構成要件、第三章行政處罰的原則、第四章行政處罰的程式、以及第五章利害關係人的防禦手段。希望藉由資料搜集、文獻回顧並參照鄰近地區行政處罰法的規定，比對出澳門行政處罰制度的相同之處，按序淺窺澳門行政處罰制度、運作的模式、以及可使用的防禦手段，透過對行政處罰概念、種類、原則反程式等基礎理解，嘗試以生活法律化的方式置身於一個法制新時代。 關鍵字：行政法，行政處罰，處罰程序，防禦手段