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Since the foundation of P.R.C. in 1949, China has been explored and practiced the constructions of socialism with difficulty for 60 years and has found the ways to construct the socialism with Chinese characteristics. Particularly since 1978, China has achieved the goal of a basically comfortable level of living in the end of 20th century, putting forward a phasic target of constructing a generally comfortable level of living and a harmonious society by 2020 on the basis in the end of 20th century. For this target, China Communist Party and governments in all levels have being committed to create a peaceful, healthy and stable social order and environment when the system of settlements on disputes of china emerged which has been proved the efficient way, after years of explorations and practices, to settle the internal contradictions among the people which is suitable for China situation. The system is showing the preliminary effects and characteristics and has been the routineand important measures to maintain the social stability and achieve goals for China Communist Party, People’s Congress andgovernments in all levels which has been a key part of governing the country according to law.

中国自1949年中华人民共和国成立以来，在社会主义建设的道路上经过了60年艰苦地探索与实践，已经找到并正在建设具有中国特色的社会主义现代化之路。特别是自1978年以来，中国通过改革开放于20世纪末就已经基本实现小康社会的目标，在此基础上又提出了到2020年建设全面小康社会和和谐社会的阶段目标，为达此目标，中国共产党和各级政府都在致力于创造一个安宁、健康和稳定的社会秩序和社会环境，中国化解 矛盾纠纷的机制就是在这样的背景下应运而生，并经过了多年的探索和实践，已经被证 明是符合中国国情和解决中国人民内部矛盾行之有效的方法和途径，有着独特的特点，正在显现出初步的效果和特色，它已经成为中国共产党、各级人民代表大会及各级政府 维护稳定和实现目标的重要手段和日常工作，已经成为依法治国的重要组成部分。

In recent years, there has been a phenomenon which happens in Jiaodong Peninsula and Pearl River Delta of china that some foreign-funded enterprises disappear overnight. The abnormal withdrawal of the foreign-funded enterprise has occurred frequently since the breaking out of American economic crisis. And this tendency is increasing. This not only brings serious economic losses to our country, but also has a negative effect on economic and trade exchanges and social stability. The phenomenon has been a matter of great concern ofthe central and local government departments and interested parties. At the same time, the government has issued some department rules and remedies. However, there are still many shortcomings in analysis and legal measures for the abnormal withdrawal of the foreign-funded enterprise now. So it is necessary to deeply analyze the phenomenon and the juristical puzzledom in the legal perspective. What's more, the effective remedy mechanism should be put forward.

近年来，我国国内从胶东半岛到珠三角地区都集中出现了部分外资企业一夜间“蒸发”的现象，尤其是美国金融危机爆发以来，频繁发生了外资企业非正常撤离的现象，且有日趋增多的趋势。这不仅给我国相关利益当事人带来严重的经济损失，而且对我国的经贸往来和地方社会稳定造成一定的消极影响。这一现象已经引起中央有关部门、地方政府及相关利益当事人的高度关注，并出台了一些部门规章和补救措施。但目前针对外资企业非正常撤离在其现状分析和法律对策上仍存在很多欠缺。鉴于这种情况，有必要从法律角度深层次分析外资企业非正常撤离的现象及其法律困境，并提出行之有效的补救机制。

In 2009 a series of fundamental amendments about insurance contract have been made in new insurance law. The improvement of insurance interests rule; Introduction of the rules on estoppel and waiver; Rigid distinction between formation and validity of insurance contract; Overhaul on the validity and interpretation of standardized insurance contract; Rationalization of the rules on misrepresented age and excuse term; Optimization of the rules on beneficiary and his vested rights; Modification of the relationship between transfer of insurance subject and validity of insurance policy; Definition on compensation procedure and claim period. All of these amendments are devoted to safeguard insurance clients’ interests and substantial development of insurance industry.

2009年2月28日第十一届全国人大常委会通过了最新修订的《保险法》，并于2009年10月1起施行。本次《保险法》修订是一次比较全面和重大的修订，涉及保险合同法和保 险业法两大领域，1) 条文数量从158条增加到187条，在章节结构上也有重大变化，2)在立法内容上有重大的创新和明显的进步，但仍有一些不足和遗憾，远非尽善尽美。本文回 顾过去，展望未来，拟就新保险法中保险合同法领域的一些重大修改作些阐述和评价。

Following the development of Asian economic market, capital flow and transnational corporations’ reorganization & merger are inevitable. Here, we are necessary to examine whether China has a harmonious environment to transnational corporations’ reorganization and merger. Compared China with Japan ,one of which has a perfect law system and a rich corporations’ reorganization experience in the world, the article is focused on the trend of internationalization of corporations’ competitiveness which is accompanied by the internationalization of the corporation law system ,also focused on the improvement of Chinese reorganization law under the circumstance of corporations’ globalization.

企业重组在国际化竞争体制下，提高企业的竞争力的重要途径之一。由于公司重组的形式在实践中不断地创新，导致资本结构发生复杂的变化，需要利益保护的主体也越来越多样化。中日两国不同的市场经济背景下，企业重组的方法、程序制度的规范以及实务进展有所不同。但是，发展方向与制度规范目的应该是统一趋势。换言之，目前竞争国际化伴随制度国际化的趋势。因此，两国制度的比较对今后中国法制建设具有一定的

Der Rechtsstaat verbietet grunsätzlich die Anwendung privater Gewalt zur Durchsetzung zivilrechtlicher Ansprüche und verweist den Gläubiger auf die Anrufung der Justiz. Wenn jedoch obrigkeitliche Hilfe nicht rechtzeitig zu erlangen ist oder zu Unrecht verweigert wird und ohne sofortiges Eingreifen die Gefahr besteht, daß die Verwirklichung des Anspruchs vereitelt oder wesentlich erschwert werden würde, ist in engen Grenzen Selbsthilfe erlaubt(§229 BGB). Als Mittel der Selbsthilfe sind zugelassen die Wegnahme, Beschädigung oder Zerstörung von Sache des Schuldners, die Festnahme des Widerstands des Schuldners gegen eine Handlung, die er zu dulden hat. Subjektiv ist Habdeln zum Zwecke der Selbsthulfe erforderlich. Die Selbsthilfe darf nicht weiter gehen, als zur Abwendung der Gefahr erforderlich ist(§230ⅠBGB). Allerdings geht das Selbsthilfe nicht auf die Befreiedigun, sondern nur auf eine Sicherstellung des Gläubigers. Der Gläubiger darf dem Schuldner das geschuldete Geld ggf. also zwar wegnahmen. Er darf sich aber nicht ohne weiteres aueignen, sondern muss eine Zwangsvollstreckung erwirken oder dinglichen Arrest beantragen. Nach §230Ⅱ, Ⅲ BGB im Falle der Wegnahme von Sachen ist, sofern nicht Zwangsvollstreckung erwirkt wird, der dingliche Arrest zu beantragen. Und im Falle der Festnahme des Verpflichteten ist, sofern er nicht wieder in Freiheit gesetzt wird, der persönliche Sicherheitsarrest bei dem Amtsgericht zu beantragen, in dessen Bezirk die Festnahme erfolgt ist; der Verpflichtete ist unverzüglich dem Gericht vorzuführen. Die Notwehr ist kein Fall des Handeln pro magistratu, weil sie primär dem Selbstschutz dient und auch nicht nur subsidiär zur Verfügung steht. Im Spezielle Selbsthilferegelungen, die der allgemeinen Notwehrberechtigun vorgehen, enthalten die §§562bⅠ, 581Ⅱ, 704 S.2, 859, 1029 BGB. Sie verlangen keine Unmöglichkeit obrigkeitlicher Hilfe, sind also nicht im strengen Sinne des Wortes Fälle des Handeln pro magistratu. Die Besitzkehr(§859Ⅱ BGB) nach verbotener Eigenmacht(§858 BGB) ist ein Spezialfall des zivilrechtlichen Selbsthilferechts für den Besitzer beweglicher Sachen. §859Ⅱ BGB verlangt im Unterscheid zu §229 BGB nicht, daß obrigkeitliche Hilfe rechtzeitig zu erlangen ist dafür stellt er aber zeitliche Grenzen auf: es geht um den „auf frischer Tat betroffen oder verfolgten Täter.‟ Auch die Besitzwehr (§859Ⅰ BGB) ist ein Rechtfertigungsgrund, nach dem der Besitzberechtigte die Besitzstörung mit dafür angemessenen Gewalt beseitigen darf.

In Reaktion auf die Terroranschläge vom 11. September 2001 verabschie dete der Deutsche Bundestag das Luftsicherheitsgesetz, das in sich eine Regelung enthalten hat, dass die Streitskräfte dann auf der Grundlage einer Anordnung des Bundesministers der Verteidigung als ultima ratio das Passagierflugzeug abschießen können, wenn nach den Umständen davon auszugehen ist, dass das Luftfahrzeug gegen das Leben von Menschen eingesetzt werden soll, und dies das einzige Mittel zur Abwehr dieser gegenwärtigen Gefahr ist, auch wenn dabei unschuldige Passagiere getötet werden würden (§§ 14 Abs. 3 Luftsicherheitsgesetz a. D.). Diese Gesetzge bung hat zum Meinungsstreit geführt, ob durch die betreffende Maßnahme nicht die Menschenwürde unschuldiger Passagiere verletzt wird. Mit der Verfassungsbeschwerde sollte das deutsche Bundesverfassungs gericht darüber entscheiden. Noch ein auf die Menschenwürde bezogener sensationeller Fall hat sich ereignet, als ein Student, der ein Kind entführt hatte, festgenommen wurde, jedoch das Versteck des Kindes nicht preisgegeben hat. Die Polizei hat dem Tatverdächtigen mit dem Einsatz physischen Zwangs gedroht (Fall Daschner). Diese Drohung führte jedoch zu einer heißen öffentlichen Diskussion, ob sie eigentlich rechtlich erlaubt werden kann. Der unmittelbar handelnde Beamte wurde von der Staatsanwaltschaft wegen Nötigung (§§ 240 StGB), der Einsatzleiter wegen Verleitung eines Untergegebenen zu einer Straftat (§§ 357 StGB) angezeigt, mit dem Grund, dass Folterandrohung und Folter die Menschenwürde verletzen und somit nicht gerechtfertigt werden können. Das Bundesverfassungsgericht im Urteil Luftsicherheitsgesetz und das Landgericht Frankfurt im Fall Daschner halten im Ergebnis immer noch am herkömmlichen und herrschenden verfassungsdogmatischen Prinzip “Unabwägbarkeit der Menschenwürde” fest. Die kritische Rekonstruktion der Menschenwürde-Dogmatik wurde jedoch deswegen von einigen Verfassungstheoretikern unternommen, weil in solchen schwierigen Fällen jeglicher Lösungsvorschlag nicht alle befriedigen kann. In Verbindung mit der Betrachtung dieser neuen Versuche sollen freilich auch mögliche Gegen kritiken von noch die herkömmliche Position (Unabwägbarkeit der Menschenwürde) einnehmenden Wissenschaftlern daran überprüft werden. Diese kritische Betrachtung beider Positionen zeigt uns ihre jeweiligen tiefgreifenden Grenzen. Diesen Grenzen gegenüberstehend soll demnächst nach dem möglichen dritten Weg gesucht werden, der über die Alternative “Abwägbarkeit/Unabwägbarkeit der Menschenwürde” hinausgeht. Dies wird zur fundamentalen Besinnung über das Kriterium “Rechtmäßigkeit/Rechtswi drigkeit” in einer Rechtsordnung (unter anderem die Diskussion um den “rechtsfreien Raum”), und zur Reflexion über die Autonomie von Rechtssy stem und Moralsystem und deren wechselseitige Angewiesenheit aufeinander in modernen sozialen Systemen führen. Stichwörter Menschenwürde, Abwägungsfähigkeit, Luftsicherheitsgesetz, Moralsystem, Fall Daschner, rechtsfreier Raum. Rechtssystem.

The overall revision works for the Criminal Law are now promoting and the Criminal Procedure Law that was widely revised in the 2007 year is also under revision work again. If the terms used in the law are not clear and proper, it may give confusion to a person who interprets or applies the laws or the people who must observe them. Especially usual citizens cannot access to the laws due to their difficulties and may avoid them or give disbelief because the laws give recognition that citizens are only object of execution or application of the laws. More clear and appropriate definition is required as the Criminal Law is a law to define criminal and penalty (punishment) and the Criminal Procedure Law is a law to define procedures for applying or realizing the Criminal Law. Sectors such as new establishment of new types of criminals, appropriateness of punishment (sentence), involvement of the Special Criminal Law into the Criminal Law and reflection for assuring the human rights of the defendant or a suspect are actively examined and discussed and many examinations for 'terms' are also done but more precise examination is required with more interests such as unification of terms, trimming of sentences, change into easier terms and arrangement of Japanese style of terms.

The credit card has become an essential part of our everyday life, serving as an inseparable tool in the national economy as well as in the household one. However, this useful tool has been causing a lot of negative side effects and disputes as well with people's misuse or abuse of it. Now, the legislation of credit card transaction like credit professional finance law is made up of individual and dispersive legislation form which is focusing on restriction by legal form. So, in case of happening disputes related to credit card, because consumer tries solutions in search of the act unsystematically, there will have to be complementaries in legislation and in policy about this. Credit card fraud is a wide-ranging term for theft and fraud committed using a credit card or any similar payment mechanism as a fraudulent source of funds in a transaction. The purpose may be to obtain goods without paying, or to obtain unauthorized funds from an account. Credit card fraud is also an adjunct to identity theft. This paper is a study on the type of the consumption on the credit card fraud and try to find a solution to a problem in loss on credit card fraud. This is intended to make an overall survey on credit card transaction and find out suitable legal tool for solving disputes arising in connection with them. And this is the way increase a trust in credit card system, furthermore it will be contributed to build the society of credit.

In litigating family law cases before a jury, Anglo-American common law limits the evidence which is presentable to a jury. This procedural limitation derives from the desire to prevent the jury, which is composed of lay persons, of reaching an erroneous finding which is not based on the evidence presented. One of these evidentiary limitations is the concept of materiality. Materiality means that the evidence establishes or negates a substantive element of the law that is applicable in the lawsuit before the court. Accordingly, the judge will exclude evidence that is not material prior to its submission to the jury. Another evidentiary limitation that has developed in the common law is relevancy. This concept holds that only evidence that is probative, i.e. evidence that has an influence on the finding of facts which actually affects the outcome of the trial. A judge will exclude evidence according to this principle when the evidence has no influence on the outcome. These two principles of the common law were codified in the Federal Rules of Evidence in 1975 in order to ensure the impartiality and integrity of the judicial system. However, the two principles were combined into the single concept of relevancy. In other words, Section 401 of the Federal Rules of Evidence provides that “relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Scholars have described the section 401 relevancy requirement as a “natural relevancy” or “logical relevancy.” Additionally, section 403 of the Federal Rules of Evidence authorizes a judge to exclude relevant evidence on grounds of prejudice, confusion, or waste of time, and although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence, and, therefore, this rule is described as “legal relevancy” or “pragmatic relevancy.” Thus, the requirements for the submission of evidence that is either natural relevant or legal relevant to a jury should use relevant criteria. These requirements are generally applied loosely, but find clarification in the criteria used by the Court in admitting the evidence and in the rationale put forth in the objection by the party opposed to the admission of such evidence. Our legal system contains a possibility that a trial becomes substantially coarse due to this situation. There are also worries that the evidence offer rights and evidence objection rights are too perfunctory from the standpoint of the person concerned and can result in distrust of the judicial system by the common people. Accordingly, parties request evidence, and if a court judges and treats according to a relevancy criterion in a procedure that chooses the evidence, the person concerned tries to raise objections on preclusion or admissibility in order to get a guarantee of predictability on the lawfulness and appropriateness and, therefore, can substantially secure proof rights. If we introduce a relevancy concept separate from our concept of the admissibility of evidence, we can clarify the basis of this concept of admissibility of evidence as well as integrally understanding the regulations on the exclusion and admissibility of evidence that cannot be explained only with the admissibility of evidence and credibility. Thus we can attain logical reasoning in the law of evidence.

The concept of acting consenter has been used diversely as guardians, legally acceptable representatives and obligations to protect in medical services, medical laws and precedents. The development of medical technology has been making various medical practices possible, however strict application for principle of explanation and consent should be judged separately as the type of medical practices. Therefore, I suppose it is reasonable to judge the problems of acting consenters(or complementary consenters) as two categories divided into common medical practices and special medical practices. In common medical practices, the range of acting consenters(or complementary consenter), in principle, would be obligations to support in Civil Law, but it is rational to interpret the range including siblings whether they live together or not. Because they are in the position of realizing their rights of self determination best, and practically it is appropriate to secure medical bills of medical facilities, however, one of legally acceptable representatives would be able to be selected as an acting consenter(or complementary consenter) in case of their nonexistence. In addition, in the part of the death with dignity as a type of special medical practices, such as judged in separate views of judgement from panel of all judges, the Supreme Court 21 May 2009, Sentence No. 2009 Da 17417, the guardian should get permission from the court about whether the decision is the best or not to ask the medical team to stop medical treatments for assuring rights of self determination of the person adjudged incompetent through analogical application of the second Clause of Article 947 in Civil Law.

최근 미국의 법정에서 컴퓨터 애니메이션이나 시뮬레이션이 증거로써 등장하는 일이 잦아지기 시작했다. 일반적인 사람의 경우 듣는 것 보다 보는 것을 통해 좀더 효과적인 인식이 가능하고, 배심제도를 가진 미국의 경우 배심원을 설득함에 있어 시각적인 효과를 극대화할 수 있는 컴퓨터 애니메이션이나 시뮬레이션은 무미건조하게 진행되는 재판절차에서 매우 매력적인 증거방법이 될 수 있기 때문이다. 과 거에는 복잡한 시뮬레이션은 고사하고 단순한 그래픽 애니메이션을 만드는데도 수백만 달러가 소요될 정도로 과도한 비용이 들었고, 증거로 제출한다고 하더라도 증거허용성을 인정받을 수 있을지 여부가 불분명했기 때문에 증거로 크게 활용되지 못하였다. 하지만 최근 기술의 발전으로 제작비용도 감소하였고, 이에 관한 증거허용성에 대한 논의도 어느 정도 정리가 되어가고 있어, 그 효용성으로 미루어 보건 데 앞으로 재판절차에서 더 많이 활용될 것으로 예상된다. 우리의 경우 민사절차에는 배심제도가 없고, 형사절차에 배심제도가 도입 된지도 얼마 되지 않아 컴퓨터 애니메이션과 시뮬레이션에 관한 논의가 미국의 예와 같이 활발하게 이루어지기는 어려울 것이지만, 컴퓨터 애니메이션이나 시뮬레이션이 증거방법으로 활용될 가능성은 여전히 존재하며, 이들의 특성에 따른 문제의 발생과 그 해결방법은 우리의 법제라고 하여 크게 다르지 않을 것이다. 따라서 컴퓨터 애니메이션과 시뮬레이션의 의미와 가치 그리고 재판상 활용 예, 재판절차에서 이를 활용함에 있어 특성에 따라 고려해야 할 요소 그리고 증거허용성에 관한 미국에서의 논의에 대한 검토는 의미가 있다고 생각한다.

Lately, many trial lawyers have begun to use computer-animation & simulation in order to enhance their communication with modern jurors and persuade them in a very powerful and effective way in the U.S. However, one of the characteristics of computer-animation & simulation is volatility and because of it they may be deemed inadmissible and excluded from trial. As a consequence, jurors may never see or experience them, resulting in the failure to use these types of computer exhibits effectively. There are some discussion on the admissibility of the computer-animation & simulation in the U.S. There is no jury system in the civil procedure. Lawyers(or plaintiff, defendant) can produce anything to prove something and the judge freely makes a decision on the evidence in Korea. Due to such a difference in the legal systems between the U.S. and Korea, the discussion on the admissibility of the computer-animation & simulation in the U.S. may seem useless. However, because the nature of the problems regarding computer-animation & simulation as evidence in court are universal, similar problems which occurred in the U.S. may also arise in Korea. Thus we also need some sort of a test or guideline to solve the problems and to use computer-animation & simulation well when they are produced as evidence. Therefore, a review of their opinions on computer-animation & simulation would lay the foundation for solving problems with regards to computer-animation & simulation in the civil procedure in Korea.

한국과 중국 그리고 일본의 FTA에 대한 민간 공동연구 결과는 한중일 3국의 FTA가 3국에게 이익을 가져다 줄 것으로 전망하고 있다. 또한, 한중일 3국은 금년부터 산관학 공동연구를 시작하기로 하였다. 향후 체결 가능성이 있는 한중일 FTA 조문은 그간 한중일이 ASEAN과 체결한 각각의 FTA 조문을 비교 분석한 결과 대동소이한 조문을 발견할 수 있다. 특히 중국과 한국은 거의 비슷한 조문을 가지고 있으며, 일본도 관련 조문에 있어서 비슷한 구조를 가지고 있기 때문에 향후 3국 정부의 협상 여하에 따라 FTA 조문 체결 가능할 것으로 전망된다. 특히, 중국의 ASEAN과의 FTA 경우, 조기수확조치와 같이 정부의 강력한 의지만 있으면, 체결 가능할 것으로 본다.

The Joint Study report on the Korea, Japan and China's FTA with ASEAN made a conclusion that the trilateral FTA will bring about win-win-win result to three countries. Last year, three countries decided to start a Joint Study on trilateral FTA with industry, government and academy. After the analysis and comparison of three countries' FTA with ASEAN, the FTA contents and provisions are found to be almost similar. Especially, China and Korea's FTA with ASEAN can be said to be almost similar with some minor differences. Japan's FTA with ASEAN also has the similar structure and provisions on some parts. So the success of the trilateral FTA depends upon the three government's will and their ability of negotiations. If three governments have the willingness to reach an FTA, just as China did a Early Harvest program with ASEAN, the possibility of trilateral FTA may be high.

The changes in the legal system of criminal procedure laws based on the material objects are being demanded with the result of new criminal phenomenon in digital environment which had not been anticipated previously. However, still the current code of criminal procedure only anticipates the physical evidence with the limitations of current laws to bring in the digital evidence. As the amendments to the code of criminal procedure for the collection of digital evidence, this study suggests following 7 items. First, the digital information is to be stipulated as the subject of confiscation and search. Second, the provision for confiscation after copying, printing and transferring is to be newly created. Third, in the case of submitting the copy of digital evidence, a clear legal ground to acknowledge its originality is necessary. Fourth, the provision for the request to preserve data is to be newly created. Fifth, the provision for the confiscation after the record order is to be newly created. Sixth, the provision related to the collection of evidence through a network is to be newly created. Finally, the provision for the ground to collect evidence on the communication processing data is to be newly created.

Defined as a party's depositions including the deposition about facts to be identical with other party's assertion and to be disadvantageous for him, the deposition to acknowledge other party's assertion which is disadvantageous to him, the deposition to acknowledge other party's assertion true and the deposition not to argue with other party in any condition during oral defence and defence preparation procedure. When these confessions are once established, on the one hand, they bind court and prohibit to use the fact contrary to them as basic facts for a judgement. It is the binding for the original intention of confession, the second theses of Closing Note. So the fact confessed need not to be proved, as a result of it, inquiry is promoted. On the other, if a confession is established, the fact confessed may become in fact spurious certificate, so other party may forget an aggressive activity for collecting evidences to the facts confessed. The reliability from other party should be protected. Accordingly, a confessor is bound by it and can not freely retrieve it unlike simple facts. it is the binding to a party, self-binding. The effect of confession reaches to even the inquiry of high court. Additionally, the confession in justice is acknowledged only in the procedure to adopt Closing Note, and is not acknowledged in the procedure to adopt Attention to detect misconduct. The necessary requirements to establish confessions can be summarized as follows ① a confess should be made on the concrete facts ② a confession should be a deposition done during defence or defence preparation procedure. additionally ③ a confession should be identical with other party's assertion on the facts ④ a confession should be a deposition to be disadvantageous for the confessor. In the above 4 requirements to be a confession, in the light of interpretation, problematic issues are specially ① and ④. Regarding the essential condition of ①, there are issues about whether the object of confession is limited only to key facts or to include indirect fact and accessorial fact, and about whether those confessions on right or legal relationships except for the above can be the object of confession, Regarding the essential condition of ④, in case of disadvantageous deposition to the confessor. what is an actual disadvantage to the confessor. In this regards, as the object of confession is a concrete fact, principally a minor premise of legal syllogism, the existence, contents, interpretation about a rule of thumb and legislation, that judiciary has to know well, can not be a confession in justice though there could be some conflicts between parties, For the matter about what confession means, it goes without saying that key fact can be an object of confession through the things that the binding for confession is based on Closing note and it is reasonable to apply Closing note to key fact at least. But a common view and a judicial precedent negate the binding of indirect fact which needs confirmation on the key facts, though both party's depositions are same. On the other hand, the binding of confession is acknowledged by the petition through the establishment of documentary evidence specially, which is accepted as a key fact, among accessorial facts. But some theories claim strongly to acknowledge the confessions for indirect facts and accessorial facts recently. So this study tries to define the concept and classification of key fact and indirect fact in advance, and the binding on the original intention of confession for indirect fact, and the binding to the confessor for researching the issues about whether the fact to be a object of confession is limited to key fact or indirect fact is also included for the requirements to establish confessions.

Originally introduced in the nineteenth century, the system of registration of titles to land has gradually been extended to different areas throughout England and Wales, and on 1 December 1990 all remaining areas became areas of compulsory registration. The system of registration is now therefore overwhelmingly dominant. A key change in this area was the repeal and replacement of the Land Registration Act 1925 by the Land Registration Act 2002. Registration of title to all land was the ultimate aim of the 1925 legislation. Registration under the Land Registration Act 1925 furnished a title guaranteed by the State and the underlying principle was that the register at HM Land Registry should, so far as possible, reflect the title to the land. The Land Registration Act 2002 further extended this 'mirror' principle in ways which will be pointed out in the answers to the questions in this chapter. The Act also includes sections which provide for the gradual introduction of electronic conveyancing. Land transfer in England and Wales is essentially a two-step process: first contract, then transfer of title(i.e. 'completion' of the contract by registered disposition). It is irrelevant for this purpose whether the subject matter of the transfer is a freehold estate or a long leasehold estate. In either case the relationship between vendor and purchaser(i.e. between 'seller' and 'buyer', as modern conveyancing terminology increasingly expresses it) normally develops through three sharply defined phases: pre-contractual negotiations and enquiries, exchange of contract ,and disposition of the legal estate accompanied by registration of the disposition at Land Registry. The contract for sale is 'completed' by the signed and attested deed of disposition of the vendor's estate, but in registered land the transfer itself is 'completed' only when the instrument of dis-position(i.e. the transfer document) is lodged at Land Registry for amendment of the relevant proprietorship register. In unregistered land, by contrast, the formal conveyance of a legal estate if effective to vest that estate immediately in the purchaser, but most conveyances must be presented within two months at Land Registry for first registration of title if the legal estate if to remain vested in the purchaser. There was no attempt in 1925 to force everybody to register their land immediately─to do so would have overloaded the system and left the Land Registry unable to cope. Instead, areas of the country were made areas of 'compulsory registration', which meant that any land that was the subject of a 'triggering event', such as a sale, was subject to first registration of title. The areas of compulsory registration began with major cities, because there are more separate pieces of land in urban areas. Eventually, in 1990, the whole of England and Wales was made an area of compulsory registration. In addition, the number of triggering events was increased by subsequent legislation. These are now set out in LRA 2002, s. 4. It is likely that, at some future point, all surviving unregistered title will be swept compulsorily on to the Land Register and Land Registry has targeted 2012 as the year in which it expects to have created a 'comprehensive Land Register for England and Wales'.

1998년 행정법원의 출범과 행정심판의 임의 절차화라는 행정구제제도의 일대변혁이 있었고, 정부에서 2008. 12. 5. 국회에 제출한 행정심판법 전부개정법률안이 2009. 12. 3. 국회를 통과하여 2010. 1. 25. 법률 제9968호로 제정되어 오는 7월 26일부터 시행되기에 이르렀다. 행정심판이란 일반적으로 행정청의 위법 또는 부당한 처분 또는 부작위에 대하여 국민의 청구를 전제로 하여 행정심판위원회를 통하여 권리구제를 강구하는 행정쟁송절차를 말한다. 이 논문에서는 행정심판제도의 전반적인 현황과 과제를 전체적으로 고찰하기보다는 특히 행정심판위원회의 문제점과 과제 나아가 행정심판위원회의 통합논의에 포커스를 맞추어 논의를 진행하였다. 특히, 시․도지사 소속의 행정심판위원회를 종전의 국무총리행정심판위원회(개정법률에 의하면 중앙행정심판위원회)와 합치는 것은 바람직한 방향이라고 보기 어렵다. 물론 국민권익위원회에 소속된 국무총리행정심판위원회는 시․도지사 소속의 행정심판위원회에 비하여 독립된 제3자 기관성, 중립성, 전문성을 갖추고 있다고 평가될 수 있다. 그러나, 시․도지사 소속의 행정심판위원회를 국무총리행정심판위원회로 통합하는 방안은 자치권 침해의 문제, 지역적 상황에 대한 고려, 사건처리의 신속성, 주민의 접근성, 행정심판에 의한 행정의 자율적 통제기능의 수행 등에 있어서 많은 문제가 있다고 할 것이다. 따라서 시․도지사 소속의 행정심판위원회의 운영이나 구성 등에 있어서의 문제는 통합하는 방안보다는 현재의 이원적인 체제를 유지하면서 시․도지사 소속의 행정심판위원회의 운영상 개선책을 마련함으로써 해결하는 것이 적합하다고 할 것이다.

In 1998, the Administrative Court was established, and a large-scale reform was made on the Administrative Relief System in the name of the voluntary procedures. Furthermore, the revision of the overall administrative appeal proposed by the Korean government on Dec. 5, 2008 was passed by the National Assembly on Dec. 3, 2009 to become effective from July 26, 2010. Administrative appeal is an administrative procedure, concerning the violation of the law or unfair decision or forbearance of the administrative agencies to seek relief of the authority through the Administrative Appeal Commission. This study focuses on the problems on the Administrative Appeal System and integration of the Administrative Appeal Commission instead of the overall review of the administrative appeal system. In particular, merging the administrative appeal commissions under the municipalities into the Prime Minister Administrative Appeal Commission (Central Administrative Appeal Commission, according to the revised law) is not an ideal plan. The Prime Minister Administrative Appeal Commission under the Anti-corruption and Civil Rights Commission secures independency, professionalism and authority compared to the administrative appeal commissions under the municipalities. However, merging these commissions into the Prime Minister Administrative Appeal Commission contains many problems related to the intervention of the autonomy, consideration of the local conditions, extra time for the process of legal suits, accessibility by the public and the voluntary administrative control by the administrative appeal. Considering these, maintaining the current administrative appeal commissions under the municipalities and preparing improvement plans are considered to be the best way instead of merging the two bodies into one.

As a rule, the juridical relation of doctor and the patient in compliance with a contract is formed. But the juridical relation of doctor and the patient in compliance with a contract not to be, the case which is formed is. In principle, the medical treatment contract is compensatory contract. The motion form which is drawn up in name of operation written consent etc. roughly about contents or dangerousness of medical treatment act is becoming the explanation and is becoming the autographic signature and limits in case and the legal effect is recognized. Therefore the motion form which is formal is not a legal effect. About legal nature of medical treatment contract the various theory is opposing. The common opinion is charge contract opinion but the attitude of judicial precedent is not clearly. About patient debt of doctor is not result debt but means debt. Doctor legal as a matter of duty without the case which will give medical treatment the patient, relationship of doctor and the patient office management or must understand in factual contract. The person concerned of medical treatment contract generally is doctor and the patient. But the case where the legal representative or the guardian substitutes the patient is. When the medical treatment contract is formed, doctor is made to charge a medical treatment duty and the patient makes a repair urgent duty charge. In addition, doctor explanation duty, secret outstanding duty and medical treatment record duty, charges all the member obligatory etc. And the patient charges a medical treatment cooperative duty.

형법에 있어서 친족관계는 범죄의 성립, 형의 가중, 감면 또는 친고죄의 해당 여부를 결정하는 중요한 요소이며, 사법과 달리 생명ㆍ자유 등의 기본권을 제한하는 형법에 있어서는 다른 법분야보다 그 중요성은 더 크다고 할 것이다. 형법에서는 친족관계에 대하여 독자적으로 규정을 두고 있지 않으며, 민법상 친족관계에 관한 규정에 따르고 있다. 따라서 친족관계의 변화는 단지 사법에서의 법률관계의 변화 에 국한되지 않고 형법에 있어서도 커다란 영향을 미친다. 이러한 친족관계의 변화 중 2005년 민법개정에 의하여 2008년부터 시행되고 있는 친양자제도는 기존의 양자제도와 달리 종전 친족관계를 소멸시키는 제도이기에 형법상 친족관계와 관련이 있는 범죄에 대하여 어떠한 영향을 미치는 것인가를 규명할 필요가 있다. 즉, 형법에서는 직계비속의 직계존속에 대한 범죄에 대하여 패륜을 이유로 가중처벌하고 있으며, 일정한 친족간의 범죄에 대하여 법의 가정내 개입의 최소화원칙에 따라 형의 면제 또는 친고죄로 정하고 있다. 따라서 친양자로 입양된 자가 종전의 직계존속에 대하여 가중처벌되는 범죄를 범한 경우 가중처벌될 수 있는가의 문제가 제기된다. 그러나 직계비속의 행위에 대하여 가중처벌하는 근거인 패륜에 있어서 윤리는 법 이전의 윤리 그 자체가 아닌 법상 포섭된 윤리이며, 직계존속은 법률상 개념이기 때문에 친양자 입양에 의하여 혈족관계가 소멸된 자간에 대하여 이를 적용할 수는 없다고 할 것이다. 반면에 친양자가 종전 친족에 대하여 범한 범죄에 대하여도 현행법하에서는 친족의 개념을 민법상 친족으로 정하고 있기에 친족상도례에 관한 규정을 적용하여 형의 면제 또는 친고죄로 할 수는 없다고 할 것이다. 그러나 친족상 도례의 근거인 가정내 법 개입의 최소화라는 점을 고려할 때, 친양자와 종전 친족 간 사실상 친족관계가 유지될 수 있으며, 친양자입양에 있어서 친양자와 모든 친족의 의사가 반영되지 않다는 점 및 자연적 혈연관계를 법적으로 단절할 수 없다는 점 등을 고려할 때, 친양자와 종전 친족간에 이루어진 범죄에 대하여도 친족상도례를 적용할 필요성은 인정된다. 다만, 현행 친족상도례는 형의 면제 또는 친고죄로 규정하고 있지만, 친양자에 대한 친족상도례에서는 이를 양분할 것이 아니라 친고죄로 단일화하는 것이 바람직할 것이다.

Relative Relationships is important in criminal law because they can be a crime-constituting condition or a condition aggravating or exempting criminal penalties for some crimes. Therefore, it is very important in the application of criminal law whether there exist familial relationships between a crimina and a victim. These changes in civil law attract attention on whether such changes will affect the application of criminal law. Although relative relationships are also important in criminal law, criminal law itself does not have provisions regulating the establishment, change, and termination of relative relationships. Thus, the civil law changes will inevitably affect the application of criminal law because the revised civil law provisions will apply to criminal law cases. It would therefore be necessary to consider how far the civil law changes should apply to criminal law cases. To illustrate this further, in order to punish a criminal's immorality, criminal law aggravates criminal penalties for a certain crime if it is committed by a person against his lineal ascendant. On the other hand, however, for some cases where crimes have been committed against relatives, criminal law exempts from criminal penalties or sets them as crimes indictable upon a complaint in order not to intervene in domestic matters. Consequently, the issue whether a full-adopted child has committed a crime against his birth parents should get aggravated penalties for his immorality. Because a lineal ascendant is legal conception and familial relationships are terminated under the full adoption system, aggravated penalties are not applicable to such case. Also, under the current criminal law, the provisions on larceny committed against one’s relatives will not apply to a case in which a full-adopted child commits larceny against his birth parents because the law borrows the civil law definition of relatives and there no longer exist familial relationships between the criminal and victim under civil law. Therefore, the larceny committed by a full-adopted child in that case may not be exempt from criminal penalties or be entitled to a crime indictable upon a complaint.

The point of discussion about "Actio libera in causa" focused on what evidence of punishments actuced from alienation on the principle of means. Older theory has the advantages of the theory but the structural characteristics of "the Actio libera in causa" may be overlooked. Actio libera in causa has the features of two structured activities. Therefore, the previous opinion actuced from an criterion of punishment with only a deed may overlook the structural features of "Actio libera in causa". Therefore, by the most recent opinion we can find the evidence of punishment, better reflecting the structural features of Actio libera in causa on the relevance of both acts. However, the mean just as both act is integrally connected, it can be punished requires more specific description. Therefore, it will need to review once again if both acts in any relationship is subject to penalty. In this thesis, regarding both deeds are related with a recognition of the criminal acts, I presented more definite descriptions about previous opinions and a penalty basis of the Actio libera in causa.

국제공동체는 각 국가와 그 국민 그리고 가장 기본적인 인간적 가치의 존속에 대한 용인할 수 없는 위협을 차단시키기 위하여 구성원에 의한 엄격한 준수가 요구되는 국제적 공공질서를 반드시 필요로 한다. 결국 이러한 공공질서 유지를 위한 규범은 국제공동체가 가장 근본적인 가치를 지니고 있다고 판단하는 의무를 국제공동체 구성원들에게 전반적으로 부여하게 된다. 이러한 규범 중 국제법상의 절대적 규범 즉, 강행규범은 국제공동체를 구성하고 있는 어떠한 국가도 이를 위반할 수 없고 그것으로부터 벗어날 수 없는 가장 근본적이며 핵심적인 원칙을 의미한다. 강행규범의 개념은 20세기 중반까지도 국제법적 차원에서 공식적으로 인정되지 않았지만, 국제법에 이러한 규범이 존재한다는 인식은 완전하게 사라지지 않았으며 학계는 강제적 규범의 존재를 지속적으로 인정하였다. 그 결과 강제적 규범 즉, 강행규범은 1969년 ‘조약법에 관한 비엔나협약’에서 명문의 규정으로 성문화되기에 이르렀다. 이에 반해 국제사법재판소는 판결 과정에서 강행규범을 원용할 기회가 많았음에도 불구하고 그 동안 이를 회피한 것이 사실이다. 그러나 1960년대부터 국제사법 재판소의 일부 재판관들은 계쟁사건에서 개별의견 및 반대의견을 통하여 국제인권법 및 국제인도법적 규범의 강행규범적 성질을 확인하였으며, 최근 동 재판소는 Case Concerning Armed Activities on the Territory of the Congo(Democratic Republic of Congo v. Rwanda)에서 집단살해의 금지를 비롯한 국제인권법적 강행규범의 존재를 최초로 명시적으로 인정하게 되었다. 아울러 미주인권재판소를 비롯한 지역적 인권재판소와 구유고 국제형사재판소 및 르완다 국제형사재판소를 포함한 국제인도법에 관한 임시 국제법정들이 국제법의 상위 규범을 묘사하기 위하여 ‘강행규범’이라는 표현을 지속적으로 사용하고 있다는 사실은 매우 주목할 만한 현상이라 할 수 있다. 이러한 강행규범은 국제공동체에 의하여 보편적으로 인정되는 일반 국제법상의 규범 즉, 소위 국제재판소 관할권에의 동의의 원칙을 넘어설 수 없다는 한계를 지니고 있다. 또한 강행규범은 관련 사건에서 원용될 때 기타의 규범을 비롯한 모든 것을 무효화 시킬 수 있는 지나친 절대적 효력을 가지고 있지는 못하다. 그러나 현재 국제공동체 이익 체제는 국제인권법 및 국제인도법을 위반한 자에 대한 기소 및 그에 대한 판결과 같이 인간의 이익 혹은 공동체적 이익을 점점 더 폭넓게 아우르고 있다. 이러한 이익의 궁극적 수혜자는 인간이며 인류가 된다. 결국 강행규범의 역할은 확대될 것이고, 인간 더 나아가 인류의 사법적 이익을 보호하려는 국제재판에서 긍정적인 역할을 할 것으로 판단된다.

International law norms offer protections at various levels in several areas. Among the norms peremptory norms in international law, represents the most fundamental principles from which no state may derogate. The concept of peremptory norms was not formally accepted in international law until the latter of 20th century, but the idea that these norms existed in international law did not disappear completely. At the same time, academics continued to acknowledge the existence of peremptory norms. Thereafter, the concept of peremptory norms, jus cogens, was adopted in the Vienna Convention on the Law of Treaties 1969. Nevertheless, ICJ deliberately has avoided invoking jus cogens despite the many opportunities it had to do so. However, jus cogens has been invoked by individual judges in cases before the Court in separate and dissention opinions going back to 1960s, and the Court has expressly acknowledged the existence of peremptory norms, that is, jus cogens in Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of Congo v. Rwanda). Especially, the fact that regional human rights courts (e.g. IACHR) and international tribunals on the international humanitarian law (e.g. ICTY and ICTR) have invoked the terms jus cogens to portray higher norms of international law is very noteworthy. Jus cogens certainly is "a concept in evolution", but not necessarily in regard to the concept as such but with regard to its contents. At the time being, it is international courts and tribunals dealing with human rights and international humanitarian law as well as the International Law Commission that are at the cutting edge shaping the content of jus cogens. Jus cogens, however, may not trump a norm of general international law universally recognized by the international community as a whole, namely the principle of consent to the jurisdiction of the international courts or tribunals. And jus cogens may not sweep everything away when applied to a case. However, international community interest régime currently covers human or community interests such as the protection of human rights and the prosecution of the worst violators of international humanitarian law and human rights more and more. Ultimate beneficiaries of these interests are human beings and humanity. Eventually, role of jus cogens will be expanded and be positively played in international courts and tribunals that intend to protect judicial interest of human beings and humanity.

In the 1980s, not only medical accident but also medical disputes became social problems in the nation, and from the year of 1988 medical circles as well as the government started to discuss enactment of laws of dispute settlement in medical malpractice. The purpose of enactment of laws of dispute settlement in medical malpractice was to regulate dispute settlement in medical malpractice as well as compensation for losses and damages and to compensate for people's life and physical injury as well as losses and damages of the properties promptly and fairly and to build up stable medical examinat ion and treatment environment. The drafts of proposed laws were automatically cancelled at expiration of the 14th, 15th and 16th term National Assembly because of disagreement among physicians, medical service consumers (patients), the government's department in charge and other interested parties. Lawmakers' drafts of proposed law, that is to say, not only a draft of the Law on Prevention of Medical Accidents and Malpractice Relief 1) but also a draft of the Law on Health and Medical Dispute Settlement 2), were submitted to the 17th term National Assembly, and associated sub-committee of National Assembly had difficulties at investigation to cancel the law at expiration. In such a way, enactment of the law of medical dispute settlement continued to attempt as many as 22 years. As the press released recently, what was worse was confrontation among the government, medical circles and non government organizations concerning introduction of open-type investment hospitals jeopardized base of the Law of Medical Service that was enacted in 1973. This study examined medical accidents and medical dispute in malpractice briefly to investigate the law of medical dispute settlement and malpractice r elief and to discuss issues in dispute.

There are various types of defensive tactics in M&A (Mergers and Acquisitions). Recently M&A increased in the business world of Korea and so the activities of the hostile M&A are expected to increase too. New standard for the legality about defensive M&A tactics needs to be made for judging appropriately in commercial law. The appropriate guidelines for corporate surroundings will be presented to the company faced with M&A. I want to give useful information to the company intending to take the permission standard of defensive tactics. The Hyundae-Elevator case show us considerable permission standard. It is necessary to protect the shareholders and investors of M&A target company. The poison pill is a strategy used by a company designed to avoid a hostile M&A by another company. I suggest that the rule of improving shareholder's interest can be suggested as a basic rule in the permission standard of defensive tactics. The company attempts to make it's stock less attractive to the investors. The golden shares is also known as the special right share, the specific share or the master share. It is true that there are so many legal problems such as the principle of equality to shareholder and the government's economic intervention associated in introducing golden shares, poison pill, offensive weapons, defensive tactic, control contest and business judgment rule to Korea. The directors should be protected by business judgment rule. Under the Korean Commercial Law, the board of a target company can employ a defensive measure in the case of the hostile M&A. In order to improve the M&A market offensive tactics with defensive tactics are necessary. I conducted a comparative study of M&A regulatory system in the USA and Japan. The board of directors of a target company should take into account all factors concerning the best interests for the company and its shareholders and show reasonable grounds. When The hostile M&A becomes profits in a stockholder and a company, a director must not take a defense act to this. It is necessary to make the director to be responsible for the legitimacy and appropriateness of a defense act. In this paper four possible standards are recommended on the basis of the court's decision. The Capital Market and Financial Investment Services Act has 5% rule. The purpose of this thesis is to establish assistance in solving problems on the permission standard of defensive tactics against hostile M&A. This paper is consists of: Ⅰ. Introduction Ⅱ. The form and defensive tactics of hostile M&A Ⅲ. The permission standard of defensive tactics against hostile M&A Ⅳ. Regulations under the Capital Market and Financial Investment Services Act V. Conclusion

According to the "Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion", the Minister of Labor may designate a Job Center for the Aged Special Manpower (“Job Center for the Aged Special Manpower”) which provides vocational guidance, job placement, etc. for those who are retired aged persons and determined by the Ordinance of the Ministry of Labor (“the Aged Special Manpower”) in consideration of their career, etc. However, the performance of vocational guidance and job placement, etc. is very poor. Therefore, a study on the revision and improvement of related-employment law for the Aged Special Manpower is needed. This research is to establish the measures for the utilization(particularly, in small and medium-sized businesses) of the Aged Special Manpower who have the accumulated expertise, professional staff or management know-how, and who retired from a large company, etc. Firstly, this study proposed mitigation measures for range criteria of Aged Special Manpower which not meet the current labor market realities. Secondly, In addition, in case of small and medium-sized businesses hire Aged Special Manpower, new incentives such as support or subsidiary ets. have to be established on the Employment Insurance Act. Thirdly, the provision on Article 11-2 Paragraph 1 of "Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion" replace "those who are retired aged persons" with "the unemployed, the aged special manpower who wish to change and the unemployed-aged special manpower". This is to establish the measures for the utilization, in small and medium-sized businesses, of the aged special manpower prior to “separation” from labor market. Finally, the related-laws & policies for the aged special manpower have to establish identity as more being differentiated.

The disclosure & representation implies that party insuring or insured has duty of disclosing and representing important fact to insurer and has duty of not disclosing and representing unreliable fact. As an insurance contract is a kind of aleatory contract, it requires good faith. The Insurance Act is giving party insuring a duty of disclosing and representing true information on risk. Regarding this, a risk situation cannot be grasped correctly only with insurer's investigation into risk, which is under the control of party insuring. Thus, only when obtaining cooperation of party insuring who is dominating its risk, the insurer can grasp correctly on the risk. Accordingly, the Insurance Act is giving the disclosure and representation to party insuring. As this disclosure & representation system is peculiar system that comes from characteristics of insurance contract, it is duty in light of the Insurance Act, which is given to party insuring in order to maintain social and economic system called insurance. However, the disclosure & representation sometimes has relation to problems such as unreliable disclosure and representation, false disclosure and representation, and fraud in party insuring, thereby having influence upon effectiveness of the insurance contract. Consequently, this study aims to examine wholly about the disclosure and representation and to suggest a legislative plan for problems. Also, the aim is to examine about the recognition(Revised Bill Article 655) of insurer's right of cancelling a contract in case of risk covered that has no causality with the disclosure & representation, which is prescribed in "partially revised bill in the commercial law" on the insurance edition of the commercial law.