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With the completion of socialist-market-economy legal system was declared by National People's Congress in China on March 2011, the science of law interpretation is becoming to be a new topic on the development of China laws. In the area of laws related to enterprises, after amount of significant amendments of China company law on October 2005, issues about how to apply this law are trying to be solved by the way of judical interpretation, while in the area of foreign investment law, the efforts to remedy the deficiencies in existing laws related to foreign invested enterprises are being taken by the same way of judical interpretation to the trial of disputes involving foreign-funded enterprises. Therefore, as "Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Company Law (III)" and "Provisions of the Supreme People's Court on Several Issues concerning the Trial of Disputes Involving Foreign-Funded Enterprises (I)" have been promulgated by the Supreme People's Court of China recently, this article is intended to introduce the background of its enactment and main contents firstly, and on the basis of which, to give an introduction on some key issues in the application of China company law and foreign-funded enterprise laws, as well as to point out main changes and problems of science of law interpretations reflected on those provisions of judical interpretations. Finally, this article is about to give some implications by analysis of the trend in trials of China company law and foreign-funded enterprises laws. It is hoped that such attempts in this article can supply some references for foreign enterprises about the application of China company law, and would be helpful when reviewing the main issues of and how to improve the judical interpretation system in China.

목차

I. 서설
 II. 최근 사법해석의 제정배경과 주요내용
  1. 「회사법사법해석(II)」의 제정배경과 주요내용
  2. 「회사법사법해석(III)」의 제정과 주요내용
  3. 「외국인투자법사법해석(I)」의 제정배경과 주요내용
 III. 「회사법」및 외국인투자법의 적용에 있어서 사법해석과 관련된 주요 쟁점
  1. 「회사법」의 적용에 있어서의 주요 쟁점
  2. 외국인투자법의 적용에 있어서의 주요 쟁점
 IV. 사법해석을 통해 나타난 관련 법해석의 주요한 변화와 문제점
  1. 관련 법해석의 주요한 변화
  2. 관련 법해석에 있어서의 문제점
 V. 외국기업(한국기업)에 대한 시사점
  1. 「회사법」의 사법적용에 대한 중시 필요
  2. 회사소송에 대한 중시 필요
  3. 타인의 명의에 의한 투자에 있어서의 주의점
  4. 지분양도에 있어서의 주의점
  5. 중국법원의 사법판결에 대한 중시 필요
 VI. 결어
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키워드

중국 회사법 중국 외국인투자법 사법해석 중국법의 적용 중국법의 동향 China company law China foreign investment law judical interpretation application of China law trends of China law 中国公司法 中国外商投资企业法 司法解释 中国法适用 中国法动向

저자

• 吳日煥 [ Wu, Ri-huan | 중국정법대학 민상경제법학원 교수 ]

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