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The formation of social groups based on the human's nature of collective survival results from the nature of sustaining one's tribe through marriage. Therefore the types of marriages and the constitution of a family through a marriage in the individual social group have showed a variety of forms, depending on environmental characteristics such as dominance conditions of living materials for the social groups, natural, political and social conditions, which were recognized as suitable for the individual society by way of the variety of experiences of the respective social group. The personal constitution of chinese societies, passed on for thousands years, has developed on the base of the family groups through marriages. Given in the middle of 18th century the population of China amounted more than one hundred million and currently one billion three hundreds millon, it is not surprising that China is becoming increasingly the concerns worldwidely as well as domesticaly. Therefore China has endeavored the formation of advisable institutions for the chinese realities in the fields of marriage and family institutions. This paper aims at researching the meaning of chinese matrimony law in the sense of modern chinese legal system, through studying the historic developments of chinese matrimony law focusing on forming marriage in the matrimony institutions, its social meaning and the family relation.

Korea enterprises’ investment in China has been fully developed during the past 10 years, though unsuccessful investment cases are not quite a few and even some cases of investment failure. Nevertheless, many enterprises are still adapting itself to the Chinese market and continuing business, especially the global enterprises standing for Korea are putting up good fights with excellent business results. But in a general view, quite not a few issues are existing related to the choices of investment approach, preparation for takeover disputes, the withdrawal of business through share transfers, employees management and supervision of dispatched workers In this paper, foreign enterprises’ investment case recently occurred, especially the cases of Korean enterprises' investment in Chinais to be introduced by dividing into several categories with reviewing theimplications respectively, where the pending issues on Korean enterprises’ investment in China and even its business management are pointed out. This approach will provide experiences and lessons which can be taken as reference at Korean enterprises’ investment in China and its business management. Furthermore, it could help decrease disputes related to foreign enterprises and also considered desirable for foreign enterprises’ healthy development in China.

The Outside Director System which control corporate management is designed to enhance transparency and legitimacy, ensure democratization of organizational management, improve corporate fundamentals and strengthen competitiveness. The Outside Director System is first came out in America, and then throughout the world. South Korea and China have regulated the outsider director system in the Commercial Law and Corporate Law. But the Corporate Governance between South Korea and China is different, that the Corporate Governance in South Korea is one-tier system, but in China is two-tier system. In this background, study on the outsider's right and the way to exert between South Korea and China is very important. In this paper, I had comparative research Outside Director's Rights and the way to exert between China and South Korea. Furthermore, the contents of this paper are composed of like this: Chapter One is the part of introduction. The author firstly points out the necessity and significance of putting research on the issue. Chapter Two is general introduction to the outside director in South Korea and China. Chapter Three is introduction to the outside director's right in South Korea and China. Chapter Four is introduction to the way how the outside director exert their right. Chapter Five is the part of conclusion.

中国新发布的《个体工商户条例》已于2011年11月1 日正式施行，本文作者立足于中国经济体制改革深入推进、市场经济蓬勃发展的宏观背景，围 绕中国政府在新的经济环境、新的经营条件下如何保护个体经济，如何促进个体工商户持续发展这一主题，对《个体工商户条例》进行了仔细的解读。 本文首先回顾了中国个体工商户的发展历程，从其艰难曲折的壮大进程中，揭示了中国个体工商户具有顽强的生命力和发展前景的生存价值；其次从法理分析视角，对中国个体工商户的法律地位进行了厘定，明确了中国个体工商户所具有的特殊自然人的法律性质；再次，以实证考察为基础，总结了制约中国个体工商户发展的若干制度困境，表达了中国个体工商户持续发展离不开政府特殊扶持和制度保障的诉求；最后，通过对《个体工商户条例》内容的细致解读，归纳了新条例在保障中国个体工商户持续发展方面的特别制度安排，总结了新条例的三大特色。 同时，作者也放眼中国经济发展的强劲势头，指出面对不断变化的经营条件、不断发展的外部环境，个体工商户经营发展难度更大，困难更多，更需要政府从税收优惠、贷款扶持、金融服务、行政收费减免、发展方向引导等等方面提供全方位的政策支持和强有力的制度保证。而新条例缺失相应制度安排，因而前瞻性不足。我们深信，贯穿了“鼓励、支持、引导和规范个体工商户健康展”理念的新条例，必将促使中国个体经济焕发出新的生机与活力，使作为中国个体经济主力军的个体工商户获得持续发展。

The paper analyses the legislative system of some countries and areas, and points out that developed countries company organization and finance industry have become very advanced, they set up holding company in order to relax finance restriction and prescribe finance's whole service, so it is not necessary to rule it by company organization law. However, Chinese company and finance industry is just developed in recent years, and the finance market is not fully developed, especially in finance industry national commercial bank accounts for too much proportion. So it is necessary to make stock system reformation for the purpose of establishing finance holding company. At present, with legislative rules absent, we will meet too much problems when we establish finance holding company, so it is necessary to make such special law as Finance holding company law to establish and function the finance company law. Memorandum of Understanding on Division of Responsibilities and Cooperation in Financial Supervision and Regulation among the CBRC, the CSRC and the CIRC, publicized on June, 28 of 2004, is the first law documents of Financial Holding Company and supervision about it. undoubtedly, the enactment of memorandum show the significant measure to make the supervision about Financial Holding Company systemize and legalize by regulating the management of Financial Holding Company and enforcing the cooperation among the CBRC, the CSRC and the CIRC. certainly, there still exist many problems, which are to be consummated. Based on the all round appraisal of mechanism of supervision about Financial Holding Company in China and the related provision of memorandum, the article, to take the value of the mechanism of supervision about Financial Holding Company in Memorandum as the point of departure, attempts to preliminarily prove into perfecting the legislation of supervision about Financial Holding Company.

In order to learn from the experiences of securities markets overseas, China applied the sponsor system to Main Board, aiming at achieving high quality of listed companies and protecting investors. At the same time China created “Double Charge” system in which the recommendation representatives should comply with business rules and industry standards, act in good faith and with due diligence, prudently verify the application documents and information disclosure materials of the issuer, and procure and guide the issuer to operate in a standardized manner. However, emerging problems have shown that this system in China is not as mature as expected. This paper aims to analyze those problems and make some recommendations.

民事案件审理期限是人民法院办理民事案件的法定时间限制，是民事诉讼立法中规定在固定的期限内必须结案的审限制度。民事案件审理期限制度的主要内容包括，审限的长短、审限的起算、审限延长的理由与程序、审限的排除、违反审限规则的惩戒等要素。 民事诉讼中的审理期限制度是民事诉讼制度改革的重要内容，审理期限制度的合理、完备与否与当事人权益和司法公正、效率的目标有着直接的关系。 从中国的立法现状可以看出，民事诉讼法以及多部司法解释对一审时限、二审时限、再审时限和简易程序审理的时限等问题都做了相关规定。虽然民事审理期限制度在法院审理民事案件中遏制诉讼迟延、提高诉讼效率，防止司法腐败、保护当事人的合法权益起到了一定的作用，但是相关制度本身还存在一些问题，如审理期限长度具有不确定性，延长审理期限的理由具有抽象性，容易导致法官自由裁量权的滥用，审理期限延长制度凸显强烈的职权主义色彩，漠视当事人的程序权利，违反审理期限制度的惩戒措施无力等。 本文通过对中国民事案件审理期限制度的立法背景、相关规定以及运用状况的考察，分析民事审理期限制度存在的不足之处，提示改善方案。

According to the spirit of Constitution, the civil appeal system of China has been established, which not only is an important component of procuratorial system but also civil procedure system. The civil appeal system of China embodies the restriction to jurisdiction as well as proper intervention to the private domain from procuratorial authority. Since the establishment of this system, it was difficult for the procuratorial work and supervision to be carried out effectively due to unspecific stipulations and abstract articles. In this paper, based on the analysis of the legislation actuality for china’s current civil protest system and related problems in China in present, improvement methods for appeal system will be held from the conceptions and features of civil procuratorial system.

China has made a great progress in economic development; meanwhile it has paid a heavy price with respect to the environment. Environment has been destroyed so heavily as to constrain further development and impact social harmony. However litigations appealed by the citizens for the environment interest often are not fulfilled by the court. Thus, reconsideration of economic development model and environmental protection system becomes imperative. Reality proves that the existingregulatory approach and dispute resolution methods concerning the environment failed to protect it. First the existing design of the system is originallyagainst the interest of the special attributes of the environment. The environmental public interest is with respect to citizens who live there. Environmental effects are latent, long-lasting, and causing wide-spread damage and it has proved that if environmental supervision is performedentirely by state power,citizens being completely excluded from public participation in protection and supervision, will lead to further damage to the environment. Such properties ofenvironmental interestillustrate that in order to protect the environment citizens, the real subjects of environmental interest, should take part in environmental protection and supervision. From a national view, it made theproblem that taking economic construction as the center and ignoring environmental interestwhich makes environment eventually becomes a major bottleneck constraining economic development, and even make it close to the limit. Moreover, the dispute caused by environmental damage, especially the surge of dispute by environmental groups hasalso affected social harmonic development. Chinese government which takes social stability as the first urgent need has to introduce environmental public interest litigation to solve environmental group disputes, protect environment, and sustain economic development. China’s reformation, opening up and introducing market economy in the past several decadescreated not only economic growth but also awakenedcitizenships such as the public awareness of environmental rights simulated bythe increasing environmental problem. The citizens gradually come to realize that, in the case that the right to appeal is severely limited and the government has no constraints,environment protection relying solely on the national bureaucracy is not enough. Inrecent years, Chinese environmental public interest litigation emerging one after another occupied a corner of the news media and it reflectssomekind ofpublic awareness ofenvironmental rights and even taking action for that rights. However most ofthe environmental public interest litigationsare not fulfilled by the court quoting conservative procedural provisions. Public awareness and participation in environmental decision-making urgently need revision of litigation system relating to the environmentpublic interest. The value of public interest litigation system is that it will effectively resolve conflict over collective rights andmake the social forces play an important rolein the “public interest”, in which the government can’t work well. Encouraging citizensand community groups bypublic interest litigationto assist the government to carry out protection work on collective environmental interests canprevent the environmental infringement fromits bud state as much as possible to reduce the social cost; on the other hand, after the infringement, it can provide a convenient channel to maintain victim groups. A quiet revolution in the litigation is beginningby introducing the environmental public interest litigation. This revolution, whose symbol is shown by the expansion of the right to appeal, is uncovering the original state of the nation to citizens. In this process it needs to adjust national authorities and give the court more resources to establish the judicial authority.

Protection of the property rights and the duty of tax payment of citizen have a close but conflicting relationship like both sides of a coin. The duty of tax payment inevitably intrudes upon personal property rights. Therefore we should have to pay attention to this relationship and make sure that the protection follows democratic and rational process. Considering the fairness of tax burden and the importance of democratic process of taxation, Korean system of Taxpayers' Right Protection has some room for improvement as follows. First, the taxpayers’ right have to be protected more effectively by revising current tax laws. They need to be amended to improve fairness and effectiveness. Second, many different types of taxpayers' right protection systems should be simplified and unified if possible. Also the independence of the system should be assured. Third, we need to enact a new law that specifically regulate the administrative process of taxation such as tax audit. Fourth, the Taxpayer's right charter should become more meaningful and effective. Also we need some practical provisionsthat make it be honored by tax authority. Fifth, the current Tax Relief System is very complex because several different authorities are in charge of tax appeals and there are also several stages of appealing process. Those systems need to be streamlined.

Climate change has already become the focus that international community has paid close attention to as a global environmental problem. Climate change is not only an environmental problem, but also an energy problem, economic problem and political issue. In the world, CO2 emission of China is now great pressure and urgence for China to reduce the green-house gas. During the following dozens of years, the climate change problem will bring a lot of challenges, pressures, at the same time, opportunities as well to China. First, the paper composes a general analysis for the climate change and impacts. It defines briefly the climate change, then analyses the reasons that the climate change occurs and the necessity of taking measures against climate change. Secondly, it primarily introduces the energy legal system against climate change in China. In the end , it indicates problem China confronts with at the energy legislation. According to its problems on the legal system of climate change, suggestions for consummating the legal system of climate change in China. It including main contents of China's legal system of energy, the relevant legislations, legislation system, energy mamagement system, liability system.

由于现行中国宪法未规定有关国际法的国内地位和效力的一般规定，在实践中产生很多争议和混乱。本文通过研究发现在现行中国法制下国际法的地位和效力如下： 首先，中国在条约的国内适用方面采纳直接适用和转化适用两种方式。其中，根据国内法的规定允许条约的直接优先适用的情况大部分是在涉外案件中的。除此之外，其他不少的条约通过转化方式在国内被适用。一些学说主张有些被转化适用的条约也可以直接适用，但这种说法没有明确的法律依据。其次，关于条约与国内法间的效力等级问题，也没有明确的立法根据。中国学界大致认为宪法高于条约。但对条约与法律法规间的效力等级，学界存在较大的争论，即“条约与法律差等效力说”和“条约优先说”，其中条约优先说较有说服力，虽然该说本身具有一些限制。第三，中国政府和学界主流学说否定WTO协议的直接适用性和直接效力。因此，可以推定将来除非在法律法规明确予以规定WTO协议的直接适用和直接效力，中国法院或者私人在裁判中无法直接援用它。第四，关于国际习惯法的地位和效力，中国宪法也持沉默的态度。一些法律规定“可以适用国际惯例”，此时围绕“国际惯例”的含义存在，应该认为它不是包括国际习惯在内的国际惯例。 因此在目前阶段，很难判断在中国国际习惯法的地位和效力如何。鉴于以上研究，可以认为由于现行中国宪法未明确予以规定有关国际法在中国国内法中的地位和效力的规定，引起很大的混乱和争议，因此将来应该在宪法中予以明确相关规定。 最后，本文建议虽然现行中国法制下国际法在国内法上的地位和效力不太明确，但我国的企业在中国法院进行诉讼中值得试图积极援用相关国际法规定。

CEPA stands for Closer Economic Partnership Agreement. China has signed CEPA agreement with Hong Kong and Macao in 2003. Because of Hong Kong and Macao’s special status, CEPA has been the touchstone of China’s commerce policy in the international society. This paper will deal with the standards of origin, the core content of rules of origin. CEPA’s standard of origin is quite different compare to ours. But based on the background and the implementation of CEPA agreement, WTO‘s general rules, disputes in academia, and the recent changes in rules of origin, it’s highly unlikely that China will be too stubborn to make changes in CEPA agreement. However, it’s too early to say that the Korea-China FTA negotiation on standards of origin will go as planned. Having a surplus account with China on trade, Korea must prepare thoroughly that China's standards of origin does not become a barrier on future international trade.