Earticle

초록

영어

Legislative inter-change aids tend to focus on reformation support for legislative system in the field of development aid. The ‘Law and Development Movement’ was promoted in the United States in 1960s to backup the Western modern legislative system for developing countries while highlighting the importance of law for the market economy and the democracy toward third countries by the theory of modernization.It is no exaggeration to say that foreign government’s legislative inter-change aids toward China started out from the policy for reforming and opening of China. During past 30 years China has been carrying out the innovation and opening policy, and the established legislative system for market economics was the most needed due to the process of conversion into a socialistic market economic system. And the Western developed countries’ legislative inter-change aids built up through their legislating history not only contributed establishing China’s legislative system, but also played an important role for China to be less burdened by financial problems caused by learning how to legislate the economic-related laws that are needed in reforming its market economic system by providing material and physical supports. In Korea, we use various terminologies for projects of Legislative inter-change aids and they transform diversely depending on the character of the agency and any unified theories about project’s specific objects, methods, and ideologies to back up the projects are not yet settled because of its low necessity and recognition, so we could say it is still in the primary stage. Also it is not carried out through synthetic systems such as ODA, but recently operated in several government or research bodies, or law firms.It is necessary to consider the following contents about Korea’s legislative inter-change aids toward China. (1) Its rather passive attitude comparing to the economic exchanges, (2) The fact that it is considered to be a ‘Legislative inter-change supporting country’, not the ‘Legislative inter-change cooperating country’, (3) Necessity of understanding the Chinese people’s consciousness for their law and building trust with them. (4) Establishing organized and long-range plans and taking shares of duties through inter-cooperating between legislative bodies, (5) Transmitting the experience of executing the law that has superiority while selected and concentrated supporting is performed for legislation of such specific field, (6) Examining Korea’s historical proceedings of legislating, (7) Emphasizing the importance of educating in order to bring up the professionals for legislation field of China.

목차

Ⅰ. 들어가는 말
 Ⅱ. 중국에 대한 외국정부의 법제교류지원 현황과 특징
  1. 선진국 중심의 경쟁적인 법제교류지원사업의 전개
  2. 무상지원을 중심으로 한 법제교류지원사업의 적극적인 추진
  3. 다양한 형식을 통한 법제교류지원사업의 전개
  4. 자국기업의 경제활동에 유리한 제도적 환경 개선에 주력
 Ⅲ. 중국에 대한 우리나라의 법제교류지원 현황과 특징
  1. 우리나라의 법제교류지원사업 현황
  2. 중국에 대한 우리나라의 법제교류지원 현황과 특징
 Ⅳ. 중국에 대한 법제교류지원의 문제점 및 개선방안
  1. 법제교류지원사업에 대한 인식증진의 필요성
  2. ‘법제교류협력국가’가 아닌 ‘법제교류지원국가’로 고려
  3. 중국 사람들의 법의식에 대한 이해와 신뢰 구축의 필요성
  4. 법제협력기관 간의 상호협력을 통한 체계적이고 장기적인전략수립과 역할의 분담
  5. 비교우위에 있는 특정분야의 법제영역을 선정ㆍ집중적으로입법지원을 하는 동시에 관련 법제의 법집행의 경험 전수
  6. 우리의 법제개혁에 관한 역사적 선행 검토
  7. 중국법제전문가 양성을 위한 법제교육의 필요성
 Ⅴ. 결 론
 ≪ 参考文献≫

저자

• 양효령 [ Hyo Ryang Yan | 전북대학교 법학전문대학원, 조교수 ]

참고문헌