• Title/Summary/Keyword: China legal system

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A Study on GMO Legal System and the Problems of its Management in China (중국 GMO 법률 운영체계 및 관리정책의 문제에 관한 연구)

  • Yoo, Ye-Ri
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.345-366
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    • 2008
  • The paper analyzes GMO legal system and the problems of its management in China and their suggestions to Korea. GMO has been arising as a principal alternative of grain while grain prices continue to climb. Although there has been concerns about GMO imported from China, it is true that we have not studied on China's legal system and the problems of its management in China. The paper believes that when Chinese government does not manage GMO primarily, we have a high possibility that China's GMO food will access to Korean market at any time, and threaten our health and safety. Hence, it is highly time to analyze how legally China treats GMO and what the problems of its management are. The paper found out problems of China's GMO management in three ways. Firstly, GMO legal system of China is confused and it has limitation of effectiveness. China has no regulations like "a law" to regulate GMO and regulations which exists now are not easy to apply in substance. Secondly, China has no administrative strictness to manage GMO. For example, the regulation which ministry of agriculture in China promulgated in March of 2002 started to use partially since 2003, 7. Thirdly, China, as a nation that administration superiors to, market does not do its roll to control GMO. It relates to the low concerns and care of Chines people about GMO. The paper shows suggestions and countermeasures according to problems of China's GMO management.

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A Study on the Problems and Improvement of International Factoring System in China (중국 국제팩토링제도의 문제점과 개선방안에 관한 연구)

  • Park, Se Hun;Lee, Gyu Chang;Seo, Kyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.59
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    • pp.159-178
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    • 2013
  • International factoring is very useful to transfer credit risk, to promote cash flow, to collect debt and to reduce cost and expenses. However, International factoring system in china shows imperfection especially in gap of legal vacuum and its limit to be developed. Here I suggest a practical alternative for development of International factoring system in china as follow. First, legal environment in China for factoring system should be rearranged. Even law and contract law have relative clauses for factoring system there are many difficulty to be applied. It is necessary to prepare legal ground for factoring system. Second, without recourse for International factoring system should be fixed. Without recourse is the essential point for factoring system in international trade. In fact chinese factors are partially applied only for those big global companies. However International factoring system is especially useful for small-medium companies lacked of a good credit rating. It is necessary to promote special factors by combining financial organizations as it does in developed countries. Third, they need to make legal ground to prohibit unlicensed factoring companies. Forth, they need to educate usefulness of factoring system. The settlement system in China is to be developed by systematic researches and promotion for International factoring system.

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A Legal Study on the Present Situation of Sports Arbitration and Suggestions on the Construction of a Sports Arbitration System in China - A Comparative Analysis of England Legal System - (중국 스포츠중재법의 현황과 제도개선 방안 - 영국 중재제도와의 비교 고찰을 중심으로 -)

  • Kim, Jong-Woo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.133-157
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    • 2014
  • To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

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A Research of the Logistics Legal System in China-Korea FTA

  • Zhang, Fan;Su, Shuai
    • The Journal of Economics, Marketing and Management
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    • v.6 no.1
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    • pp.25-30
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    • 2018
  • Purpose - This paper mainly studied the role of the logistics legal system in promoting international transport logistics, building marine economy international cooperation demonstration zone and deepening the economic and financial cooperation etc between China and Korea. Research design, data, and methodology - The study conducted a survey on China and Korea's 2012-2017 years data. After empirically analyzing the data, we believe that cultural industry in Korea and China will maintain its growth momentum. Results - This study explored the way to establish an integrated logistics system between China and Korea to match the e-commerce certification system, online payment system and logistic distribution, thereby gradually promoting economic development and logistics integration in Asia. Conclusions- China-Korea FTA can encourage private flow to take on enterprises. In terms of improving logistics efficiency, reducing logistics costs and establishing a unified logistics industry standardization system. This will accelerate logistics industry integration in Northeast Asia, build a unified logistics management center in Northeast Asia, and promote a new model of integrated logistics cooperation in Northeast Asia. Therefore, it has a practical and reference significance.

Research on Construction of the Logistics Legal System in CJK FTA

  • Yi, Shan;Su, Shuai
    • East Asian Journal of Business Economics (EAJBE)
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    • v.3 no.4
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    • pp.21-28
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    • 2015
  • With CJK FTA as a starting point, this paper mainly studied the role of the logistics legal system in promoting marine industrial cooperation, facilitating investment trade, establishing international transport logistics, building marine economy international cooperation demonstration zone and deepening the economic and financial cooperation between China, Japan and Korea, and explored the way to establish an integrated logistics system between China, Japan and Korea to match the e-commerce certification system, online payment system and logistics distribution, thereby gradually promoting economic development and logistics integration in Northeast Asia, improving logistics efficiency, reducing logistics costs and establishing a unified logistics industry standardization system. This will accelerate logistics industry integration in Northeast Asia, build a unified logistics management center in Northeast Asia, and promote a new model of integrated logistics cooperation in Northeast Asia. Therefore, it has a practical and reference significance. In short, the improvement for the logistics legal system in CJK FTA is not the responsibility of a country or several countries. It concerns the development and prosperity for the logistics industry in the three countries and is an inevitable choice to promote the vigorous development of CJK FTA and economic take-off of each country.

Criminal Justice Policy against Terrorism in China

  • Xuan, Song-He
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.213-218
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    • 2016
  • China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

A Research on Legal Risk Prevention of Chinese enterprises' FDI in China-Japan-Korea FTA

  • SU, Shuai;ZHANG, Fan
    • The Journal of Economics, Marketing and Management
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    • v.7 no.4
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    • pp.6-9
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    • 2019
  • Purpose - This research mainly studied with the promotion of "one belt and one road "initiative's strategy and the construction of China, Japan and South Korea Free Trade Zone, China exports urgently needed industrial products to Japan and South Korea, which will not only help digest excess industrial capacity, optimize China's industrial structure, but also promote the economic development of Japan and South Korea. Research design, data, and Methodology - The study conducted a survey on 2018 year new revision of China-Korea Japan's data. Results -This study shows that In this process, multinational enterprises, as pioneers of economic development, play an irreplaceable role. However, due to the differences between laws of different countries and their own corporate culture concepts, enterprises in different countries will inevitably encounter various conflicts in the process of development. Conclusions -This requires our enterprises to have awareness of legal risk prevention in the process of development, and to study the corporate culture of relevant enterprises to truly achieve win-win cooperation.

The Actuality and Legal Subject of foreign investment to Chinese Medical Market (중국(中國) 의료시장(醫療市場)에 대한 외국인투자현황(外國人投資現況)과 법적(法的) 과제(課題))

  • Jin, Cheng-Hua
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.311-330
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    • 2006
  • As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.

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Legal System of Blockchain and Domestic and Foreign Blockchain Legal System - Focusing on Industrial Revitalization - (블록체인의 법률체계와 국내외 블록체인 법제 현황 -산업 활성화를 중심으로-)

  • An, Myeonggu;Park, Yongsuk
    • Journal of Digital Convergence
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    • v.17 no.10
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    • pp.67-75
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    • 2019
  • As 4th industrial revolution has emerged as a hot topic, the blockchain technology capable of enabling super intelligence as a premiere has been an attracting attention. With the interest in blockchains, various platforms using blockchains are emerging. Reflecting this trend, several countries including US, EU, China, and Japan are preparing blockchain and related laws or amending existing laws. In Korea, the platform business based on blockchain is being done, but the related laws are insufficient. In this study, we first present the legal system of the blockchain, examine each component, and then compare the current state of the legal system in US, EU, China, and Japan based on the blockchain legal system. Finally, we propose a brief improvement plan of the legal system for industrial development by commercialization of blockchain. In the future, we would like to study the individual legal system about the blockchain.

The Main Character and Evaluation of China's New Electronic Signature Legislation (중국 전자서명법의 주요내용 및 평가와 전망)

  • Han, Sang-Hyun
    • The Journal of Information Technology
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    • v.9 no.3
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    • pp.1-14
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    • 2006
  • China has recently (28 August 2004) adopted a new act legalizing the electronic signature. This new act provides electronic signatures with the same legal status as handwritten signatures, and states that on-line certification providers will have to be created in order to ensure the security of on-line operations made using said signatures. This new act is intended to increase Chinese electronic business, and thus to raise the revenue China can expect from said business. And the law grants electronic signatures the same legal effect as handwritten signatures and seals in business transactions, and sets up the market access system for online certification providers to ensure the security of e-commerce. As Internet trade requires a reliable third party to identify the signers, the credibility of online certifying organizations is significant for the transaction security. So, considering the weakness of China's social credibility system, the law regulates that the online signatures certification providers should be approved and administered by governments.

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