• Ocean and Polar Research
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• 제30권4호
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• pp.427-444
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• 2008

The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

• 한국수자원학회:학술대회논문집
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• 한국수자원학회 2012년도 학술발표회
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• pp.19-19
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• 2012

After more 60 years' legislative practice of water resources protection, the Chinese government has initially established a legislative system of water resources protection, based on Water Law. From the development course of water resources protection legislation, the paper mainly analyzes the legal framework, main content & management system of water resources protection, and pointed out the improved direction of water resources conservation legislation in China in the future.

• 항공우주정책ㆍ법학회지
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• 제31권2호
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• pp.99-143
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• 2016

General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

• 한국항해항만학회지
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• 제46권2호
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

• 항공우주정책ㆍ법학회지
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• 제27권2호
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• pp.193-209
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• 2012

China's airline industry is experiencing a booming development as one hand, on the other hand the incidents involving unruly behaviour on board aircraft also becomes a growing concern for the whole industry. The thesis examines the basic issues concerning the unruly behaviour, such as definition of unruly behaviour, the impact and root causes of unruly behaviour. Then it focuses on the China's legal sources governing the problem of unruly behaviour. Generally speaking, China's legislation with this respect is systematic and self-contained, except some minor shortcomings which need to be revised. Finally the thesis holds the view that the preventative measures jointly contributed by all the parties concerned are something more important than the legislation itself.

• 국제학술발표논문집
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• The 3th International Conference on Construction Engineering and Project Management
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• pp.692-699
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• 2009

In China, the Reform-Open policy was executed in 1978. During the following 30 years, the economic regime in China had been changed to a socialist market economy from a socialist planned economy, and the construction industry in China has been achieved high economic growth. However, as the construction project increasing, a lot of problems which affect the construction expense payment occur. And it is a fact that the construction expense payment disputes have become a serious problem now. Therefore, it is necessary to discuss the problem of Chinese construction expense payment. In this paper, we would like to clarify the difference of the legislation of construction expense payment between China and Taiwan Region.

• 한국항해학회지
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• 제21권3호
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• pp.39-47
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• 1997

Under Chinese law system, the maritime law is a special branch of the civil law. For this reason, the maritime litigation shall be governed correspondently by the civil prodecure law. However, since the maritime litigation has its own special prodecure which is different from that of general procedure, there must be some special regulations to be a supplement to the civil procedure law. In this paper, a study is made on such regulations which are "The Regulations Relating to the arrest of Ships Before Litigation" and "The Regulations Concerning the Auction of Ships Which Have Been Arrested by Maritime Court for Clearing off the Debts" The aim of this paper is to describe the basic principles established in the regulations mentioned above in order to make the people who are unfamiliar with Chinese maritime legislation to be understood about Chinese special procedure adopted in maritime litigation.maritime litigation.

• 한국엔터테인먼트산업학회논문지
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• 제14권4호
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• pp.31-45
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• 2020

본 연구는 무술을 중국전통문화로서 적용하여 성공한 IP무술무대극 '선검기협전(仙剑奇侠传)' 분석을 통해 나타난 중국문화산업의 특징을 알아보고자 함을 목적으로 하였다. 중국의 문화산업은 1979년 개혁개방실시이후 관련 법제들을 수정하여 왔고, 2008년 처음 중국법령에 지적재산권(IP)용어가 사용되었다. 따라서 문화가 그동안의 체제유지를 위한 도구적 범위를 초월하여, 경제이익산업으로서 인식과 전통문화소프트파워 강화를 위한 대표 산업으로 간주되기 시작하였다. 무대극 분석을 통한 연구결과는 다음과 같다. 첫째, 중국문화산업은 국가주도의 관련법제 정비를 통한 중국특색의 전통문화소프트파워 강화와 해외진출을 위한 지원정책으로 인해 발전해왔다. 둘째, 중국문화산업은 고유한 전통문화요인을 포함하고 있으며, 지명도가 높고 많은 팬들을 확보하고 있을 때 성공적인 마케팅 결과를 얻을 수 있다. 셋째, 작품 광고를 통한 관객들의 유입을 위해 기존의 TV, 라디오, 신문 등의 광고보다는 팬들과의 적극적인 SNS소통을 통해 이들의 다양한 의견을 분석과 동시에 국가문화산업정책과 제작자 의견들이 반영되는 활동이 우선되어야 한다.

• 항공우주정책ㆍ법학회지
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• 제26권2호
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• pp.239-258
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• 2011

Space debris mitigation has become an international custom for international space activities. IADC and COPUOS adopted a Guideline on Space Debris Mitigation. Two Guidelines provided that member states or international organization shall establish a national mechanism to mitigate space debris. China has made progress in legislation on space debris mitigation and management system. It establised a fundamental framework on the legislative mechanism on space debris mitigation and managemental mechanism on space debris mitigation. In order to further improve the national mechanism on space debris mitigation, it is essential for China to strenghen legislation on space activities and specify the duties of management administrates.

• 의료법학
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• 제7권2호
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.