Zhe MA
Senior Instructor
Associate Director of the Centre for Judicial and Legal Studies of China and Portuguese-Speaking Countries
ACADEMIC QUALIFICATIONS
– Bachelor in Law, Law School, Peking University
– Minor Degree in Economics, National School of Development, Peking University
– Degree of Portuguese Language and Culture, Faculty of Letters, University of Lisbon
– Post-Graduation in Company Law, Faculty of Law, Catholic University of Portugal
– Master in Law, Faculty of Law, University of Macau
– PhD in Law, Faculty of Law, University of Macau
– Post-doctorate in Law, Faculty of Law University of Coimbra
AREAS OF TEACHING
Undergraduate Courses:
– General Theory of Civil Law I (in Chinese)
– General Theory of Civil Law II (in Chinese)
– Obligation Law I (in Chinese)
– Obligation Law II (in Chinese)
– Family Property and Succession Law (in Chinese)
– Commercial Law I (in Chinese and Portuguese)
– Commercial Law II (in Chinese and Portuguese)
– Commercial Law III (in Chinese and Portuguese)
– Criminal Procedural Law (in Chinese)
– Law, Economics and Society (in English)
Postgraduate Courses:
– Chinese Private Law (in Portuguese)
Outside Practice:
– Guest lecturer for the Academy of Public Security Forces of Macau (teaching civil law and administrative law)
– Guest lecturer for the University of Coimbra (teaching Chinese law in Portuguese)
AREAS OF RESEARCH INTEREST
– Contract Law
– Tort Law
– General Theory of Commercial Law
– Company Law
– Bankruptcy Law
– Law & Economics
– Financial Innovation and Financial Law
SELECTED PUBLICATIONS
Monograph:
– The Significance of “Enterprise” in Commercial Law, Law Press China. (in Chinese, forthcoming)
Articles:
– “Legal Application of Cross-border Bankruptcy Cases between Mainland and Macau”, in Macau Law Review, Vol. 55, 2024. (in Chinese, forthcoming)
– “To serve China’s ‘One Belt, One Road’ strategy by giving full play to Macao’s characteristics as a civil law jurisdiction with Portuguese as its official language”, in Zou Pingxue (ed.), Rule of Law in Foreign Relations: The Role and Practice of the Special Administrative Regions, Hong Kong: Joint Publishing (Hong Kong) Co., Ltd. (in Chinese, forthcoming)
– “Towards a Chinese Approach of Personal Bankruptcy Discharge: from Shenzhen Experience to National Legislation”, in Journal of International and Comparative Law, Vol. 10, No. 2, December 2023, pp. 329-348. (co-author: Wei Dan) (in English).
– “The institutional advantages of the corporate regime and the early days of its transplantation from the West in China”, in He Qinhua (eds.), Studies in Foreign Legal History, Law Press China, 2023 (in Chinese, forthcoming).
– “A unificação ou distinção dos processos de falência e de insolvência em Macau”, in Tong Io Cheng, Hugo Duarte Fonseca & Ma Zhe (coord.), Lex Mercatoria: Estudos em Homenagem ao Professor Augusto Teixeira Garcia, Coimbra: Almedina, 2023, pp. 307-328. (in Portuguese).
– “Pessoa colectiva: O Conceito e o seu Transplante Antecipado na China”, in Tong Io Cheng, Hugo Duarte Fonseca & Ma Zhe (coord.), Lex Mercatoria: Estudos em Homenagem ao Professor Augusto Teixeira Garcia, Coimbra: Almedina, 2023, pp. 619-640. (co-author: Tong Io Cheng) (in Portuguese).
– “The Concept of ‘Enterprise’ in Continental European and Macanese Commercial Law”, in Journal of Soochow University (Law Edition), No. 3, 2023, pp. 12-26. (in Chinese)
– “The pluralistic construction of China’s commercial law system under the perspective of comparative law”, in Chenjie (eds.), Collected Essays on the Commercial Law Circle, China Financial Publishing House, 2023, pp. 119-142. (in Chinese)
– “The Arbitrability of Corporate Disputes in Macau: Searching for Answers under a New Law”, in Contemporary Asia Arbitration Journal, Vol. 16, No. 1, May 2023, pp. 69-96. (co-author: João Ilhão Moreira) (in English).
– “Legal Person: The Concept and Its Early Transplant in China”, in Billy So (eds.), The Path/Paths of Corporation in China – Institution, law and enterprise, The Chinese University of Hong Kong Press, 2023 (co-author: Tong Io Cheng) (in English, forthcoming).
– “A Brief Introduction to the History of the Codification of Chinese Civil Law”, in Boletim da Faculdade de Direito da Universidade de Macau, No. 49, pp. 177-187. (in Portuguese)
– “The Introduction of Individual Bankruptcy Residual Debt Exemption in China”, in Boletim da Faculdade de Direito da Universidade de Macau, No. 48, pp. 51-80. (in Portuguese)
– “Application of the ‘Several Provisions of the Supreme People’s Court on the Trial of Civil Cases for Damages for the Tort of Misrepresentation in the Securities Market’ to Disputes in the Bond Market”, in Financial Market Research, No. 5, 2022, pp. 1-12. (in Chinese)
– “The significance of ‘business’ in bankruptcy law”, in Journal of China University of Political Science and Law, No. 4, 2021, pp. 113-129. (in Chinese)
– “An ethical evaluation of the legal status of foetuses and embryos under Chinese law”, in Developing World Bioethics, Volume 20, Issue1, 2020, pp. 38-49. (co-author: Vera Lúcia Raposo) (in English)
– “On the Adaptability and Construction of Individual Bankruptcy Residual Debt Exemption in China”, in Journal of China University of Political Science and Law, No. 4, 2019, pp. 171-187. (in Chinese)
– “How the Juristic Person Was Tempered”, in Macau Law Review, No. 3, 2018, pp. 1-44. (co-authors: Tong Io Cheng, Pao In Hang) (in Chinese)
– “On the Unity or Distinction of Bankruptcy Proceedings in Macao”, in Journal of Soochow University (Law Edition), Vol. 5, No. 3, 2018, pp. 62-71. (in Chinese)
– “On the Bankruptcy Prevention Mechanism in Macau Law: from the Perspective of its Difference from Modern Regime of Corporate Reorganization”, in Macau Law Review, No. 2, 2018, pp. 112-128. (in Chinese)
– “Theories of Mistake and of the Foundation of the transaction: Thoughts caused by the interpretation of Article 245 of the Macao Civil Code”, in Nanjing University Law Review, Spring, 2018 (Vol. 49), pp. 65-109. (co-author: Tong Io Cheng) (in Chinese)
– “The juridical status of the unborn: a person, an object or a tertium genus?”, in Peking University Law Journal (English Version), Vol. 5, No. 1, 2017, pp. 205-236. (co-author: Vera Lúcia Raposo) (in English)
– “On the Concept of ‘Self-Determination’ and its Application in Public International Law – An Analysis of the Kosovo Declaration of Independence”, in Macau Law Review, Vol. 14, pp. 109-130. (in Chinese)
Editor and Chapter Contributor to:
Tong Io Cheng, Hugo Duarte Fonseca & Ma Zhe, Lex Mercatoria: Estudos em Homenagem ao Professor Augusto Teixeira Garcia, Coimbra: Almedina, 2023.
Tong Io Cheng et. al., General topics of civil law and general provisions of the Macau Civil Code (Vol. II), Beijing: Social Sciences Academic Press (China), 2020.
Translations:
– João de Matos Antunes Varela, Das obrigações em geral (Vol. II), from Portuguese to Chinese, Beijing: Social Sciences Academic Press (China), 2020. (co-translators: Chan Kam Tim, Ng Kei Kei and Tong Io Cheng)
– Jorge de Figueiredo Dias, Direito Processual Penal, from Portuguese to Chinese, Beijing: Social Sciences Academic Press (China), 2019. (co-translator: Jiao Jie)
Conference Proceedings:
– “Technology Innovation and Financial Regulation: A Brazilian Perspective”, delivered on the 7th Cross-Strait Four Regions Financial Law Forum, organized by the Asian Institute of International Financial Law (AIIFL) of the University of Hong Kong, on February 24, 2024.
– “Introduction to Boaventura de Sousa Santos’ famous article ‘The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada’”, delivered online to scholars and students interested in legal anthropology nationwide, on December 1, 2023.
– “To serve China’s ‘One Belt, One Road’ strategy by giving full play to Macao’s characteristics as a civil law jurisdiction with Portuguese as its official language”, delivered on the 12th Section of the Seminar on law of Mainland China, Hong Kong and Macau, jointly organized by the China Law Society, the Department of Justice of Hong Kong and the Macao SAR Legal Affairs Bureau, held on November 30, 2023.
– “Comparison of the Characteristics of the Commercial Law Rules of the Mainland and Macao and Suggestions on the Ways of Convergence”, delivered on the 2023 Annual Conference of the Hongkong basic law and Macao basic law Research Association of China Law Society, held on November 26-27, 2023.
– “Co-operation between the Mainland China and Macao on Cross-Regional Insolvency Cases”, delivered on The Greater Bay Area Bankruptcy Law Forum, organized by Guangdong Bankruptcy Administrators Association, Wuhan University and the Hong Kong Institute of Certified Public Accountant, held on November 19, 2023.
– “Rethinking the Validity of Debts Arising from Gambling Contracts and Debts Arising from Gambling-Related Loan Contracts in the Context of the Chinese Civil Code”, delivered on the 18th Cross-Strait, Hong Kong and Macau Forum on Civil Code, organized by Renmin University of China et. al., held on November 11, 2023.
– “Validity and Performance of VAM in China”, collected in the proceedings of the 21st International Academic Conference of the 21st Century Commercial Law Forum, organized by the Tsinghua University, held on October 28-29, 2023.
– “Reforming the law of insolvency during and beyond the COVID-19 pandemic: A Perspective on Personal Bankruptcy Legislation in the Shenzhen Special Economic Zone”, delivered on the 13th International Conference on the Legal Reforms of Macau in the Global Context – “Four years later: Questions and Answers during and beyond the COVID-19 Pandemic”, held on October 26-27, 2023.
– “A Indemnização Punitiva Na Lei De Protecção Dos Direitos E Interesses Dos Consumidores Da China Continental”, delivered on the Seminário sobre “Desenvolvimentos no ambito da protecção do consumidor, China, Macau a e Moçambique”, held on October 24, 2023.
– “Overview of the Legal Regime of Personal Data Protection in Macao and Reflections thereon”, collected in the proceedings of the 2023 Annual Conference of China Business Law Society, held on October 21-22, 2023.
– “Comparison of the Characteristics of the Commercial Law Rules of the Mainland and Macao and Suggestions on the Ways of Convergence”, delivered on the Seminar on “Legal Basis of Macao’s Diversified Economic Development through the Rule of Law”, organized by the Macao Alumni Association of Peking University School of Law, held on August 27, 2023.
– “The path to the systematization of Chinese commercial law”, delivered on the 2022 Annual Conference of Chinese Business Law Society, in December 2022.
– “Legal Application of Cross-border Bankruptcy Cases between Mainland and Macau”, delivered on the 13th China Insolvency Law Forum, and was awarded a second prize, held in November 2022.
– “The Concept of “Enterprise” in Macao Commercial Law”, delivered online to students and professors of Guangzhou University, in July 2022.
– “Legal Application of Cross-border Bankruptcy Cases between Mainland and Macau”, accepted by the “First Southern Bankruptcy Law Forum” jointly organized by Guangdong Judges Association, Bankruptcy Law and Enterprise Restructuring Research Center of China University of Political Science and Law, and Guangdong Bankruptcy Administrators Association, and was awarded an excellence prize, held in April 2022.
– “On the Civil Liability of Artificial Intelligent Robots—Considering the Reality”, included in the Proceedings of the 2021 Annual Conference of the Civil Law Research Association of the China Law Society held on October 23, 2021.
– “The new Chinese Civil Code: a vision compared to Portugal and Brazil”, delivered on an online intercontinental colloquium on the Chinese Civil Code jointly organized by the University of Macau, the University of Coimbra, and the Brazilian Academy of Civil Law, held on July 22, 2020.
– “On the Personal Data Protection System in Macau: Enlightenment to the Legislation of Personal Rights in the Civil Code of the Mainland China and Reflections on the Current System in Macau”, included in the Proceedings of the 16th Cross-Strait and Hong Kong and Macau Civil Code Conference held in May 2018.
– “The Legal Protection of Traditional Chinese Medicine”, delivered on the 2nd Conference on Medical Law “Asian Perspectives on Bioethics, Medical Ethics & Medical Law” held in October 2017.
Research Report:
– “Comparison of the Characteristics of the Commercial Law Rules of the Mainland and Macao and Suggestions on the Ways of Convergence”, submitted to the Law Society of Guangdong Province in December 2023.
– “Establishment of monitoring mechanisms by public departments and entities for connected transactions in funded activities or projects”, submitted to Macau Government in September 2023.
– Participated in the writing of the analysis of Macao law in the research report “One Case, Two Answers: Zhuhai-Macao Civil and Commercial Cases”, published by the Intermediate People’s Court of Zhuhai, in February 2023.
– Participated in the preparation of the research report entitled “Basic ideas on the interface between the commercial registration systems of Hengqin and Macau” published by the Zhuhai Hengqin Institute of Innovation and Development, in December 2020.
Others:
– “Leveraging the ‘Made in Macau’ Advantage to Win the Local Market”, in Macau Daily, on July 25, 2023.
– “Performing contracts in good faith and communicating to achieve a win-win situation”, in Macau Daily, on February 28, 2023.
– “Turning crisis into opportunity through flexible and rapid transformation”, in Macau Daily, on August 30, 2022.
– “Being familiar with fire regulations helps to open the door to cooperation with large gaming companies”, in Macau Daily, on May 25, 2021.
– “High-quality safety: the steppingstone to open the door to cooperation with large gaming companies”, in Macau Daily, on August 25, 2020.
– “Macau Financial Innovation Supervision Sandbox”, in Macau Daily, on August 16, 2020. (co-author: Muruga Perumal RAMASWAMY)
– “Improve competitiveness by ensuring food safety”, in Macau Daily, on June 25, 2019.
– “Oriented by customer needs, achieve a win-win situation through communication”, in Macau Daily, on June 26, 2018.
OTHER ROLES
– Affiliate of the Ma Man Kei and Lo Pak Sam College of the University of Macau
– Member of the Academic Council of the Faculty of Law of the University of Macau
– Member of the Editorial Board of the Boletim da Faculdade de Direito of the Faculty of Law of the University of Macau
– External Examiner of the Macau Law Review of the Faculty of Law of the University of Macau
– Research Team Member of the Asia-Pacific Academy of Economics and Management of the Faculty of Business Administration of the University of Macau
– Member of Legal Team for the Procurement Section of the University of Macau
– Arbitrator of the Macao Consumer Mediation and Arbitration Centre
– Member of the Youth Federation of Hunan Province
– Member of the Macao Youth Federation
– Director and Secretary of the Macao Alumni Association of Peking University School of Law