• Journal of Arbitration Studies
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• v.25 no.2
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• pp.97-118
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• 2015

As China has quickly emerged as a global economic power, the total number of international commercial disputes arbitrated by Chinese arbitral institutions has increased dramatically. Along with this, the annulment procedure of arbitral awards in China have been newly brought to the fore. In accordance with the historical background and the demand of the times, the Chinese annulment procedure of arbitral awards reveals distinctive Chinese features. Although it was enacted in the face ofof an unwarranted prejudice against the dispute settlement system by arbitration as well as a deep mistrust of domestic arbitral institutions, the annulment procedure of arbitral awards showed a certain degree of justification and rationality in its initial stages of legislation. However, it is also the case that it has not adapted well to new domestic or foreign arbitration circumstances in the last twenty years. At present, there is a keen interest in revisions to and debates on arbitration law of China. It is necessary to take an active part in the amendment discussion and process of arbitration law. Moreover, we need to reform the annulment procedure of arbitral awards in order to meet the global trend of arbitration law.

• The Journal of Korean Medical History
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• v.29 no.2
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• pp.107-115
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• 2016

Purposes : The Purpose of this study was to review a current status on acupuncture and traditional Chinese medicine in Canada focusing on the rules of regulatory bodies of 5 states including legislation history, development in professional self-regulation, education and evaluation system. Methods : Based on literature review, we studied on 5 legislated states cases, educational accreditation status and licensure system. We also interviewed on a person who is a chair of CTCMA & CARB-TCMPA and more TCM practitioners in British Columbia within educational topics. Results & Conclusions : Acupuncture legislations have been approved by the governments in Canada between 1988 and 2014 within the acceptance of self-regulation. Since then, regulatory bodies in each states have tried to strengthen their duties and rights as a healthcare professionals. Based on firm laws and regulations, occupational competency-based education in acupuncture and TCM has been gradually improved and established quite well in parallel with a development of higher educational system in Canada.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.577-586
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• 2022

The increasing trade volume between Korea and China has rapidly expanded the maritime transport between the two countries. However, safety, particularly considering the ship collisions in the Yellow Sea and East Sea waters, has not been fully ensured. These collision accidents in that region endanger traffic safety and the marine environment, moreover, it has the potential to cause legal complexity because Korea and China haver domestic legislation, that are considerably different in some aspects. International conventions and domestic legislation in China provide detailed laws with respect to ship collisions, however, the theory of ship collision infringement still needs to be improved, enriched, and developed. Because these laws are not very clear on the resolution of disputes resulting from ship collisions, we focused on the final judgments by the Supreme Court of China (SPC), and the judicial judgments set by the Maritime Court of China. This study aimed to explore the domestic legislation applicable to disputes related to ship collisions in China, and comparatively investigate the legal provisions of Korea and China on the issue of ship collisions, particularly on the aspect of damage compensation, fault ration, and liability apportionment.

• Journal of Arbitration Studies
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• v.33 no.4
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• pp.37-67
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• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

• Journal of Korea Technology Innovation Society
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• v.16 no.1
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• pp.63-100
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• 2013

Research data means data in the form of facts, observations, images, computer program results, recordings, measurements or experiences on which an argument, theory, test or hypothesis, or another research output is based. Data may be numerical, descriptive, visual or tactile. Scientific research is changing because of the paradigm shift. It is all being affected by the data deluge, and a data-intensive science paradigm is emerging. Hence, paradigm shift in scientific research led to increase of value and importance of scientific data. Essential to the creative research and development for scientific data can be reused efficiently is the sharing and utilization of establishing management system. Establishing of management system for sharing and utilization of scientific data should be done at the national level, but compared with Europe, Australia, the United States, China, the management system of Korea doesn't have not linkage or efficiency or internal stability. Australia, the United States, China continues to expand a Mid- and Long-Term policy making, legislation, its investment in infrastructure, so as to promote the utilization of data, such as collection, management and maintenance of scientific data through the relevant agencies at the national level. This study consider legislation cases and management policies of the above countries to the end to that establish management system for the efficient and fair sharing and utilization of scientific data and the legal system, and that provide scientific data legislation and policies related to the future of our country.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.145-181
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• 2013

General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

• Journal of architectural history
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• v.26 no.5
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• pp.27-38
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• 2017

The main objective of this study is to analyze the preservation and management for the city wall ruins of China, and to find out the implications. Firstly, Chinese walls have experienced a process from demolition to protection. The walls of the historical value of the site are gradually being certified, and many walls ruins were designated as a conservation unit. Secondly, China's institutional system is based on the central government issued Cultural Relics P rotection Law and combined with the actual situation of local governments to establish a special law. Management System is Cultural Relics Bureau, the planning department, the garden department and the tourism sector joint implementation. Thirdly, through the study of Nanjing, Xian, Pingyao, Suzhou city wall ruins finding that perfect legislation and unified management system to help protect city wall ruins.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.3-37
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• 2006

This writing is for the purpose of investigating the specific character and problem point of China arbitration system which has near 90 years history and overviewing the drift of system improvement which happens recently. The arbitration system of China which traditionally does not acknowledge ad hoc arbitration, unlike most of the other nations that employ The UNCITRAL model law and make it their own legislation, is restrictive to the parties concerned principle of private autonomy considerably. Also the independence of arbitration is delicate, because of a civil characteristic weakness of the arbitral institutions and the intervention of the courts on the arbitration procedure and award. The dual system of domestic and international arbitration which maintains after enforcement of 1994 arbitration law is often to be a primary factor interrupting the development of Chinese arbitration system and making it vulnerable to challenges. The system improvement demand of the recent time reflects this point and makes the arbitration system of China to a international standard rather than now, so it is a desirable direction for China to be as the member of the world economy to be globalization.

• International Commerce and Information Review
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• v.19 no.2
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• pp.169-190
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• 2017

The purpose of this article by looking into the international commercial arbitration system of China is to provide solutions regarding commercial disputes that may occur in trade between China and Korea. For the research, literature review based on the Chinese Arbitration Law and CIETAC Arbitration Rules was employed. According to the research, the arbitration system of China applies partially differentiated legislation between domestic and international arbitration rules, unaccepting any ad-hoc arbitration, a limitation to the party autonomy, a deficiency of independence given to the arbitral institution, the participation of jurisdiction on arbitration is severe and it brings hardships in the execution of arbitral award. Beside these, in China's arbitral institution the jurisdiction directly progresses adjustments during the arbitration procedure and the following result is written as the award. Thus, the research is expected to provide legal and practical solutions to the commercial dispute with Chinese companies by looking into the main contents of legislations of the international commercial arbitration system in China.