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An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

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    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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Effect of Breed and Environment on Preweaning Body Weight and Postweaning Traits in Swine (돼지의 이유전체중(離乳前體重)과 이유후형질(離乳後形質)에 대한 품종(品種)과 환경(環境)의 효과(效果))

  • Han, Sung Wook;Sang, Byung Chan;Lee, Han Ok
    • Korean Journal of Agricultural Science
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    • v.14 no.1
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    • pp.61-67
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    • 1987
  • The study was conducted to determine the main effects of breed, sire, parity, farrowing year and month on preweaning body weight and postweaning traits. The data analysis were the record of 253 male pigs produced from 54 boars of Landrace, Hampshire, Large Yorkshire and Duroc purebreds at National Animal Breeding Institute from 1978 to 1983. The results obtained in this study are summarized as follows. 1. The effect of breed on preweaning body weight was highly significant at 1% level for body weight at birth, 21 days and 56days, and effect of parity was highly significant at 1% level for body weight at 56 days. 2. On preweaning body weight by breed, Duroc was superior with $1.593{\pm}0.001Kg$ for body weight at birth, and Landrace was superior with $6.227{\pm}0.199$ and $18.590{\pm}0.493Kg$ for body weight at 21 days and 56 days, respectively. 3. The effect of breed on postweaning traits were highly signicant at 1% level for average daily gain, feed efficiency, backfat thickness and days to 90Kg, and the effect of parity was significant at 5% level for backfat thickness. 4. On postweaning traits by breed, Duroc was superior with $876.275{\pm}8.198g$ and $2.754{\pm}0.198$ for average daily gain and feed efficiency, respectively, and Hampshire was thin with $1.969{\pm}0.198$ em for backfat thickness.

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Petrology of the Tertiary Basaltic Rocks in the Yeonil and Eoil Basins, Southeastern Korea (한반도 동남부 제3기 연일, 어일분지에 나타나는 현무암질암의 암석학적 연구)

  • Shim, Sung-Ho;Park, Byeong-Jun;Kim, Tae-Hyeong;Jang, Yun-Deuk;Kim, Jung-Hoon;Kim, Jeong-Jin
    • The Journal of the Petrological Society of Korea
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    • v.20 no.1
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    • pp.1-21
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    • 2011
  • Eoil basalt in the Eoil basin and Yeonil basalt and its related volcanic rocks in Guryongpo and Daebo area were researched and analyzed to purse the tectonic settings and magma characteristics of those Tertiary volcanic rocks in the south-east Korean peninsula. It is highly suggested that zoning, resorption and sieve texture in plagioclase and reaction rim in pyroxene indicate unstable tectonic environments and complex volcanism in the study area. Volcanic rocks from Janggi basin are identified as basalt and basaltic andesite in TAS diagram and sub-alkaline series in terms of magma differentiation. $Na_2O$ and $K_2O$ show positive trend however FeO, CaO, MgO and $P_2O_5$ indicate negative trend in Harker variation diagram with $SiO_2$. Basaltic rocks from Eoil area are identified as calc-alkaline series in AFM diagram and show medium K series calc-alkaline in $K_2O-SiO_2$ diagram. Compatible trace elements of Co, Ni, V, Zn, and Sc in Yeonil basalt show negative trend with crystallization but incompatible trace element of Ba, Rb show positive trend with $SiO_2$ 0.81~1.00 of $Eu/Eu^*$ value suggests minor effect of plagioclase fractionation in Yeonil basaltic rocks. Plagioclase composition of Eoil basalt ranges from $An_{63.46-98.38}\;Ab_{1.62-32.96}\;Or_{0-3.58}$ (anorthite-labradorite) in core to $An_{40.89-82.44}\;Ab_{17.10-46.43}\;Or_{0-12.68}$ (bytownite-labradorite) in rim. $^{87}Sr/^{86}Sr$ and 143Nd;t44Nd ranges 0.704090~0.704717 and 0.512705~0.512822 respectively. Negative linear trends in 87Sr/86Sr and $^{143}Nd/^{144}Nd$ correlation diagram indicate that magma produced Yeonil basalt and basaltic andesite has been originated as partial melting product of mantle wedge by subducting Pacific plate affected by oceanic crust with less effect of continental crust indicating calc-alkaline magma characteristics.

Variations in Mutant Plants by chemical mutagen treatments of Dianthus superbus L. (술패랭이에서 화학돌연변이물질 처리에 따른 돌연변이 유기 및 변이 분석)

  • Lee, Kwang-Hoe;Lim, Jung-Dae;Yu, Chang-Yeon
    • Korean Journal of Medicinal Crop Science
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    • v.8 no.4
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    • pp.334-341
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    • 2000
  • This study was conducted to determine the effects and optimum concentrantion of chemical mutagens, colchicine, EMS (ethyl methan sulfonate), MNU (1-methyl-3-1­-nitrosoguanidinenitro), sodium azide $(NaN_3)$ for induction of mutant plants. In order to induce the mutants of Dianthus superbus L, immature seed were pre-soaked in the warter adding each mutagens and concentration of EMS, colchicine, MNU, and sodium azide $(NaN_3)$. Comparision of morphological characteristic and seed germination in each mutant plants differed depending on mutagen sources and their concentrations. When 0.2% EMS were treated on seed, germination decreased to 12% while untreated control was germinated 76.6% for twenty days. Treatments of colchicine appeared higher germination than other mutagen but not survived. The survival rate was extremely decreased in MNU treatment at 0.5mM and chlorophyll-mutant plantlets were obtained by sodium azide treatment at 0.2mM. Chlorophyll mutants were produced by pre-soaking the immature seed of Dianthus superbus L. with mutagen, sodium azide. The control plants appeared normal green leaf color, while mutant plant after mutagenic treatment of immature seed results in yellow­-green stripes and albino in normal green leaf tissue. RAPD was carried out to check the genetic modification of regenerated plants by mutagen treatments at 0.2mM sodium azide. Three polymorphic DNA fragments out of thirty-seven obtained by RAPDs were observed in regenerated plants using five decamer primers.

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Effects of BCG on the DNA Synthesis and Ultrastructure of Mouse Gastric Mucosal Epithelial Cells Inoculated with Ehrlich Carcinoma Cells (BCG가 Ehrlich 암세포를 이식한 생쥐의 위점막 상피세포의 DNA합성 및 미세구조에 미치는 영향)

  • Ko, Jeong-Sik;Ryoo, In-Sang;Park, Kyung-Ho;Park, Dae-Kyoon
    • Applied Microscopy
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    • v.39 no.3
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    • pp.205-218
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    • 2009
  • This experiment was performed to evaluate the morphological responses of the gastric epithelial cells of the mouse, inoculated with Ehrlich carcinoma cells in the inguinal area, following administration of BCG. Healthy adult ICR mice weighing 25 gm each were divided into normal and experimental groups (tumor control group and BCG-treated group). In the experimental groups, each mouse was inoculated with $1{\times}10^7$ Ehrlich carcinoma cells subcutaneously in the inguinal area. From next day after inoculations, 0.2 mL of saline or BCG (0.5 mL/25 g B.W.: $0.03{\times}10^8{\sim}0.32{\times}10^8$ CFU) were injected subcutaneously to the animals every other day, respectively. The day following the 7th injection of saline or BCG, each mouse was injected with a single dose of 0.7 ${\mu}Ci/g$ of methyl-$^3H$-thymidine (25 Ci/mmol, Amersham Lab., England) through tail vein. Seventy minutes after the thymidine injection, animals were sacrificed, and gastric tissues were taken and fixed in 10% neutral formalin. Deparaffinized sections were coated with autoradiographic emulsion EM-1 (Amersham Lab., England) in a dark room. The number of labeled epithelial cells in the gastric mucosae (mean number of labeled epithelial cells per 3.5 mm length of mucosa) were observed and calculated. And for electron microscopic observation, gastric tissues were prefixed with 2.5% glutaraldehyde-1.5% paraformaldehyde solution, followed by post-fixation with 1% osmium tetroxide solution. On the light microscopic study, gastric mucosae had no morphological changes following the injection of BCG. On the electron microscopic study, in the BCG-treated mice, myelin figures and multivesicular bodies within the gastric epithelial cells were observed more frequently than in those of the normal control ones. On the autoradiographic study, number of the labeled cells of normal control, tumor control and BCG-treated mice were 380.2 (${\pm}31.35$), 426.1 (${\pm}28.43$) and 301.8 (${\pm}34.63$), respectively. In the BCG-treated mice, poorly-labeled cells containing only a few silver grains of 3H-thymidine were observed more frequently as compared in those of the normal control and tumor control ones. From the above results, BCG may suppress the DNA synthesis of the gastric epithelial cells, but does not results severe fine structural defect on the gastric epithelial cells. These results suggest that BCG is expected as one of the effective supplemental anticancer drugs.

Comparison between REML and Bayesian via Gibbs Sampling Algorithm with a Mixed Animal Model to Estimate Genetic Parameters for Carcass Traits in Hanwoo(Korean Native Cattle) (한우의 도체형질 유전모수 추정을 위한 REML과 Bayesian via Gibbs Sampling 방법의 비교 연구)

  • Roh, S.H.;Kim, B.W.;Kim, H.S.;Min, H.S.;Yoon, H.B.;Lee, D.H.;Jeon, J.T.;Lee, J.G.
    • Journal of Animal Science and Technology
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    • v.46 no.5
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    • pp.719-728
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    • 2004
  • The aims of this study were to estimate genetic parameters for carcass traits on Hanwoo(Korean Native Cattle) and to compare two different statistical algorithms for estimating genetic parameters. Data obtained from 1526 steers at Hanwoo Improvement Center and Hanwoo Improvement Complex Area from 1996 to 2001 were used for the analyses. The carcass traits considered in these studies were carcass weight, dressing percent, eye muscle area, backfat thickness, and marbling score. Estimated genetic parameters using EM-REML algorithm were compared to those by Bayesian inference via Gibbs Sampling to find out statistical properties. The estimated heritabilities of carcass traits by REML method were 0.28, 0.25, 0.35, 0.39 and 0.51, respectively and those by Gibbs Sampling method were 0.29, 0.25, 0.40, 0.42 and 0.54, respectively. This estimates were not significantly different, even though the estimated heritabilities by Gibbs Sampling method were higher than ones by REML method. Since the estimated statistics by REML method and Gibbs Sampling method were not significantly different in this study, it is inferred that both mothods could be efficiently applied for the analysis of carcass traits of cattle. However, further studies are demanded to define an optimal statistical method for handling large scale performance data.

Effects of Supplemental Feather Digests on the Growth of Broiler Chicks and Taurine Content in the Broiler Meat (우모 가수분해물 첨가가 육계의 증체 및 계육 내 타우린 함량에 미치는 영향)

  • 홍성진;남궁환;김우연;백인기
    • Korean Journal of Poultry Science
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    • v.29 no.2
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    • pp.141-148
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    • 2002
  • Two experiments were conducted to investigate the effects of supplemental feather digests on the growth of broiler chicks and taurine content in the broiler meat. In experiment 1, a total of 40 broiler chickens(Ros $s_{R}$) were assigned to four dietary treatments: control(T1), regular feather meal(FM) diet(R-FM,T2), NaOH treated FM diet(NaOH-FM,T3), HNO) treated FM diet($HNO_{3}$ -FM, T4). In experiment 2, a total of 70 broiler chickens were assigned to seven dietary treatments: T1 to t4(same as those of Exp. 1), modified $HNO_{3}$ treated FM diet(M- $HNO_{3}$-FM, T5), hair meal diet(HM, T6) and 0.22% cystine supplemented diet(CYS, T7). Feather meals and hair meal were supplemented at the level of 5% in the diet. In experiment 1 and 2, weight gain of chicks frd with R-FM or NaOH-FM tended to be higher than control or $HNO_{3}$ -FM. In experiment 2, weight gain of chicks frd with CYS was the highest followed by R-FM, M-HN $O_3$-FM, NaOH-FM, control, HM and $HNO_{3}$ -FM. In experiment 1, taurine content in breast muscle of chicks fed NaOH-FM was sogmofocamtly higher(P<0.05) than control. In experiment 2, taurine content in breast muscle of chicks fed NaOH-FM and CYS tended to be higher than other groups. Taurine content in leg muscle was significantly different among treatments as NaOH-FM and R-FM being highest followed by M- $HNO_{3}$-FM, CYS, control, $HNO_{3}$ -FM and HM. Taurine content in the liver(Exp. 1 and 2) and heart(Exp. 2) were not significantly affected by the supplemental feather digests. These results indicated that 5% NaOH-FM in the diet was effective in increasing taurine content in breast and leg muscle of broiler chicks.s.

Results of Preoperative Chemoradiotherapy in Low Rectal Cancer (하부 직장암의 수술 전 화학방사선요법 결과)

  • Yun Hyong-Geun
    • Radiation Oncology Journal
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    • v.24 no.1
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    • pp.21-29
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    • 2006
  • Purpose: This study explored the anal sphincter-saving rate and down-staging rate after preoperative chemoradiotherapy for treating lower rectal cancer. We also explored the prognosis of the patients who refused surgery after preoperative chemoradiotherapy. Materials and Methods: Thirty seven patients with histologically proven lower rectal cancer who underwent preoperative chemoradiotherapy were retrospectively analyzed. In each case, the tumor location was 0 to 5 em from the anal verge, and curative resection of the cancer with performing a sphincter-saving procedure was not feasible before chemoradiotherapy. In each case, the staging examinations, including biopsy, were done before starting radiotherapy and this was repeated at 1 month after radiation therapy. Results: After chemoradiotherapy, among the 37 included patients, 56.8% and 32.4% were downstaged to the T stage and N stage, respectively, when comparing the postradiotherapy stage with pre-radiotherapy stage. Twenty five patients underwent complete resection of cancer at 6 weeks after radiotherapy: eleven, eight and six patients underwent abdominoperineal resection, low anterior resection and local excision, respectively. The sphincter-saving rate among the 24 completely resected cases was 54.2%. Twelve patients refused surgery after radiotherapy. Among 6 patients who refused surgery with biopsy-proven complete remission after chemoradiotherapy, 5 patients were alive without disease at a median follow up period of 31 months, and only 1 patient had local failure. Conclusion: For lower rectal cancer, a high sphincter-saving rate was accomplished with preoperative chemoradiotherapy. The prognosis of the patients who refused surgery with biopsy proven complete remission after chemoradiotherapy was good and these patients need to be kept under close surveillance.

Estimation of Linkage Disequilibrium and Effective Population Size using Whole Genome Single Nucleotide Polymorphisms in Hanwoo (한우에서 전장의 유전체 정보를 활용한 연관불평형 및 유효집단크기 추정에 관한 연구)

  • Cho, Chung-Il;Lee, Joon-Ho;Lee, Deuk-Hwan
    • Journal of Life Science
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    • v.22 no.3
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    • pp.366-372
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    • 2012
  • This study was conducted to estimate the extent of linkage disequilibrium (LD) and effective population size using whole genomic single nucleotide polymorphisms (SNP) genotyped by DNA chip in Hanwoo. Using the blood samples of 35 young bulls born from 2005 to 2008 and their progenies (N=253) in a Hanwoo nucleus population collected from Hanwoo Improvement Center, 51,582 SNPs were genotyped using Bovine SNP50 chips. A total of 40,851 SNPs were used in this study after elimination of SNPs with a missing genotyping rate of over 10 percent and monomorphic SNPs (10,730 SNPs). The total autosomal genome length, measured as the sum of the longest syntenic pairs of SNPs by chromosome, was 2,541.6 Mb (Mega base pairs). The average distances of all adjacent pairs by each BTA ranged from 0.55 to 0.74 cM. Decay of LD showed an exponential trend with physical distance. The means of LD ($r^2$) among syntenic SNP pairs were 0.136 at a range of 0-0.1 Mb in physical distance and 0.06 at a range of 0.1-0.2 Mb. When these results were used for Luo's formula, about 2,000 phenotypic records were found to be required to achieve power > 0.9 to detect 5% QTL in the population of Hanwoo. As a result of estimating effective population size by generation in Hanwoo, the estimated effective population size for the current status was 84 heads and the estimate of effective population size for 50 generations of ancestors was 1,150 heads. The average decreasing rates of effective population size by generation were 9.0% at about five generations and 17.3% at the current generation. The main cause of the rapid decrease in effective population size was considered to be the intensive use of a few prominent sires since the application of artificial insemination technology in Korea. To increase and/or sustain the effective population size, the selection of various proven bulls and mating systems that consider genetic diversity are needed.

Determination and Survey of Fluoroquinolones Residue in Chicken Muscle by HPLC with Fluorescence Detector (액체크로마토그래피-형광검출기를 이용한 닭고기 중 플루오로퀴놀론계 항균물질 정량분석 및 잔류조사)

  • 박은정;임지흔;이성모
    • Journal of Food Hygiene and Safety
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    • v.19 no.1
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    • pp.12-18
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    • 2004
  • Ofloxacin, norfloxacin, ciprofloxacin, and enrofloxacin in chicken muscle were seperated by liquid extraction and determined with high performance liquid chromatography (HPLC) with fluorescence detector. Analysis was carried out using following conditions; Cl8 column (250${\times}$4.6 mm i.d. 5 ${\mu}{\textrm}{m}$ particle size), mobile phase composed of D.W. (containing 0.4% triethylamine and phospholic acid): methanol : acetonitrile (800:100:100, v/v/v), isocratic pump at a flow rate of 1.0 $m\ell$/min and 50 ${mu}ell$ of injection volume, fluorescence detector with EX278 nm/EM.456 nm. The calibration curves of four fluoroquinolones showed linearity (${\gamma}$$^2$$\geq$0.999) at concenration range of 0.025-0.6 $\mu\textrm{g}$/ml. The recoveries in fortified chicken muscle represented more than 80% with low coefficient of variation (〈10%) for concentration range of four fluoroquinolones. The detection limits for ofloxacin, norfloxacin, ciprofloxacin, and enrofloxacin were 23.5, 3.4, 3.0 and 2.5 ng/g in chicken muscle, respectively. We also monitored fluoroquinolones residue in muscle of chickens (broiler 1:227, Korean native chicken 219, laying chicken 77) using EEC-4-plate screening and HPLC conformation methods. Ten(broiler 5, Korean native chicken 5) out of the fifteen samples which were positively detected by EEC-plate screening method from 1,523 chicken meat were confirmed with ciprofloxacin and enrofloxacin by HPLC. The ranges of residual concentration were 0-0.12 ppm for ciprofloxacin and 0.01-6.79 ppm for enrofloxacin. In conclusion, our method could be applied effectively to determine four fluoroquinolones residues in chicken meat, and further survey for fluoroquinolones residue in chicken meat are needed for more effective control of fluoroquinolones used in livestock.