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This thesis focus on the Legislative Law of China, and reviewed the authorities of legislative organs, hierarchy of law, principles for conflict of legal norms and several problems of regulation system for legal norms. In related to the legislative system and principles for conflict of legal norms, the Legislative Law of China works most important role, in this circumstance, the Legislative Law of China adopt the principle of higher level are superior to any law at lower levels, special law prevail over general law and new law prevails over old law. In China, except for these principles, there are others methods for resolution for conflict of legal norms, i. e. ratifying system for legal norms, recording system for legal norms, modifying or cancel system for legal norms and awarding system. In addition to these system, there exist interpretation methods and it also works for legislative unitary. Despite of using these system, Chinese legal supervision system has many problems. It contains several related problems that the limitation of ability of the National People's Congress and its Standing Committee, lack of effective legal supervision procedure, and the regulation system for legal norms by courts can not operate effectively. In Korea, the Constitutional Court exercise the right to adjudication on the constitutionality of the laws, and every courts can review administrative norms, in this point, there exist a typical difference between Korea and China. In these reasons, many Chinese scholars persist that China needs toadopt judicial regulation system for legal norms.

중국의 개혁개방은 30여 년이라는 기간을 거쳤다. 집권당의 지도아래 경 제성장은 세계의 주목을 받았다. 입법 측면에서 보면 중국은 기본적으로 시 장경제법체제를 형성하였다. 그러나 정치체제개혁이 어떤 발전을 이루었는 지는 국내외 학자들과 실무자들의 관심사이다. 본문은 거시적으로 중국 당 대 입법체제의 현황과 정치체제를 서술하고, 입법과 정치체제의 관계를 설 명하며, 존재하는 문제에 대하여 개선방향을 제시하려고 한다.

中国的改革开放进行了30多年，在执政党的领导下，经济上取得了令世界瞩目的成果。从立法的角度看，中国已经基本形成了市场经济法体系。但是政治体制的改革取得了怎么样的进展，一直是国内外学者关心的问题。本文试图从宏观上叙述中国现代立法体系的现状和政治体制，说明立法和政治体制的关系，并对存在的问题提出改善意见。

중국의 개혁개방은 30여 년이라는 기간을 거쳤다. 집권당의 지도아래 경 제성장은 세계의 주목을 받았다. 입법 측면에서 보면 중국은 기본적으로 시 장경제법체제를 형성하였다. 그러나 정치체제개혁이 어떤 발전을 이루었는 지는 국내외 학자들과 실무자들의 관심사이다. 본문은 거시적으로 중국 당 대 입법체제의 현황과 정치체제를 서술하고, 입법과 정치체제의 관계를 설 명하며, 존재하는 문제에 대하여 개선방향을 제시하려고 한다.

中国的改革开放进行了30多年，在执政党的领导下，经济上取得了令世界瞩目的成果。从立法的角度看，中国已经基本形成了市场经济法体系。但是政治体制的改革取得了怎么样的进展，一直是国内外学者关心的问题。本文试图从宏观上叙述中国现代立法体系的现状和政治体制，说明立法和政治体制的关系，并对存在的问题提出改善意见。

Rural land contracting right is a basic system in rural areas, is the maximum protection the majority of farmers, rural land contracting system in relation to the implementation of the stability of agricultural development, is to safeguard the legitimate rights and interests of the strong support of farmers. This article analysis on China's current rural land contracting system, gives some useful advic of the inadequacy. Both state farm cropland and collective cropland, being agricultural land, have the general characteristics of cropland system as well as some specialties. For example, compared with the countryside land contract system, state farm cropland contract system has its own characteristics in cropland belonging, in tendering and contracting subjects, in the nature and content of right, and in the use and collection of contract fee. Currently, there are some problems in state farm cropland contract management system. low legalization degree, ambiguous nature of proprietor's right, chaotic administration of contract fee and so on. In order to improve such system, it is necessary to strengthen legal construction, clarify the nature and power of contract management right, rationalize contract fee, and take the use of state farm cropland into nationwide cropland use system. Trust land contract operation rights is the innovation in the circulation way of China's land contract operation. The establishment of the right to operate the land contract system is conductive to the trust land value-added healthy, effective protection of the interests of the contractor and theprevention of idle land, but also has a legal basis and practical basis. In building the system, qualifications of a trustee, registration of the trust, the rights and obligations between the trustee and the contractor, and other issues should be made clear. It is a new problem for the field of real law to make a circulation of management right of contract for land in rural areas. And the present legislation at home has established some regulations about how to make such a circulation. Since this legal system involves both in the immediate interest of hundreds of millions peasants and in the developing direction of our agricultural production, it is necessary to make a reasonable design and construction of the matched mechanism of market operation so as to perfect it day by day.

中国大陆和台湾的两岸关系与中国政府的改革开放政策一起，引导台湾的 “三不政策”发生实质性的变化，不仅积极推进了人才和物资的交流，更是活跃了经济交流。特别是经济交流提高了彼此的依赖度和信赖度，对两岸关系中政治关系的改善带来了积极的作用。有鉴于此，我认识这对南北韩关系的改善也有许多启发之处。毫不夸张地说，中国改革开放政策的实施，是从中国领导者意识的变化开始的。中国的外商投资法特点在于，并不是一个单独制定的法律，而是由许多投资相关的法律法规组成。中国政府实行改革开放政策后，外商投资法规可以发展的最重要原因是 ① 确立“中国式法治主义”即依法治国, ② 实施具有中国国内企业和外国资本双轨制特点的二元化投资法立法体系, ③ 提出外商投资产业指导目录等外商投资指导书, ④ 以外商投资企业为主， 形成经济法和民商法补充外商投资法的体系, ⑤ 针对外商投资企业展开经济活动发生的纠纷，实施协商、调解、仲裁、诉讼四种争端解决制度。制定南北韩经济交流法首先需要考虑到：第一，实施对北韓的法律交流支援。第二，民间主导交流及设立民间协商机构的必要性。第三，整备南北韩人才交流相关法制。第四，签署南北经济交流合作基本协定书的必要性。第五，最大化民事商事纠纷决绝制度的实效性。第六，签署司法共助协议的必要性。虽然南北韩之间已经签署了《商社纠纷协议书》及其后续措施《仲裁委员会构成协议书》，但是当事人之间还没协商好的情况下，协议书的具体实现，很难不考虑基于对方审判制度和仲裁制度的纠纷解决方式。

Chinarebuiltthelawyersystem 30 years ago, but the role of lawyers in legal practice is still very restricted. There exist many problems in the current judicial system, especially the criminal proceedings, in where the lawyers’ rights are hardly guaranteed. Article 306 of the PRC Criminal Law, a legal provision on evidence fabrication that specifically targets defense attorneys, creates an uneven playing field with prosecutors, and therefore causes some unjust, feigned and misjudged cases. Recent cases where the lawyers were arrested on charges of “suborning perjury”—inciting clients or witnesses to commit perjury, such as “The Li Zhuang Case” and “Beihai, Guangxi Four Lawyers’ Case”, expose the lack of effective protection for lawyers’ rights. As a result, Chinese lawyers have become increasingly more unwilling to take criminal defense cases out of fear of being prosecuted. In order to safeguard their own rights and promote impartial justice, a number of lawyers use blog to disclose materials of cases, cover the trial procedure and exchange views. Through this interaction platform, lawyers who share common needs are able to communicate with each other and together as a team to plead for the defendants. On one hand, especially during the process of trial of high publicity cases, lawyers’ blogs play a major and principal role to communicate the most updated case information to the public, which can not be substituted by traditional media. On the other hand, by posting comments on the lawyers’ blogs and sharing/linkingrelevant blog messages, numerous netizens also express their concern about controversial cases, their support for the human right lawyers, and their demand for just trial. These form a legal landscape unique to contemporary China.

随着行政权的膨胀和积极行政的出现，行政纠纷日益增多，公民的基本权利受到诸多威胁，为了保障公民的权利，防止行政权力的滥用，各国纷纷建立并完善行政复议制度。在中国，行政复议制度作为社会主义法制建设和依法行政的一项重要内容得到了较快的发展。1989年4月《行政诉讼法》颁布后，为了适应和配合行政诉讼制度的实施，1990年颁布了《行政复议条例》，1999年制定了《行政复议法》，推动了中国行政复议制度在21世纪的迅速发展。行政复议是行政机关内部自我纠正错误的一种监督制度，因此完善行政复议制度，充分发挥行政复议制度的功能，对于加强行政机关的内部监督， 促进行政机关合法、正确地行使职权，维护公民的合法权益有着重要的意义。与行政诉讼制度相比较，行政复议制度具有时效性，程序简单，成本低廉等优势，理应成为监督行政机关，公民权利救济的最佳选择，但实践中行政复议制度因缺乏独立性和公正性，得不到公民的信服，进而造成了对行政复议制度的质疑，通过行政诉讼、信访等救济手段来解决纠纷的案例逐年增多。为了解决行政复议制度中存在的诸多问题，重新塑造对公民的公信力和权威性，切实保障公民的合法权益，2008年9月国务院法制办确定北京、黑龙江、江苏、山东、河南、广东、海南和贵州等8各省市（截至2011年11 月扩大到12个省份95个单位）为首批试点单位，试点运行独立的行政复议机构-行政复议委员会。2010年将《行政复议法》修改纳入立法计划，逐渐扩大试点范围，为修改行政复议法奠定理论基础。本文通过介绍中国行政复议制度的历史演变和主要内容，提出行政复议制度的发展成就和面临的问题，瞻望行政复议制度的改革趋势。

In order to settle the problem of regional restriction occurred when carry out the environmental protection by administrative means，some heavily polluted areas in China revolutionarily established the environmental protection court and issued related regulations，so as to protect the environment through carrying forward the environmental public interest litigation. Compared with the Administrative Environmental Public Interest Litigation，the Chinese government is more inclined to carry forward the Civil Environmental Public Interest Litigation. But the biggest problem which haunts the environmental protection court is few people resort to the court for such a complaint. The social system as well as cultural tradition underlying this phenomenon is deep and profound. First，the environmental deterioration reflects only one side of the entire social status quo of China， and it is caused by the state-led model of development lacking of the necessary democratic supervision. The essence of the environmental public interest litigation should be that democracy supervises state to carry out its governing role on social affairs. It is necessary to foster a democratic culture when sets about to establish the public interest litigation，and it can’t be accomplished in one day. Given the democracy is absent，it is worrisome of the prospect that how long the environmental public interest litigation which is dominated by state or local government will last and whether it could be successful in the end. Second, the court is not independent in China in which separation of powers hasn’t be adopted, and currently it is positioned to a large extent only to assist the government to solve social problems as it did before. Such position and situation will undoubtedly create a court as weak as not be able to shoulder the responsibility of environmental public interest litigation of which it has the function to form environmental policie s，even there is the righteous brave enough to file a suit against the government to the court on behalf of public interest. Third, when an administrative environmental public interest litigation is to be lodged，the litigation is reasonable only when the state environmental protection authority can do something but actually it did not. The state environmental protection authority should be granted sufficient enforcement power before filing an administrative environmental public interest litigation. To push forward the environmental public interest litigation，in addition to the above profound problems to be solved, it has to loose the standard of establishing environmental protection group，improve the management system of such group，enhance the governmental information disclosure，and perfect the identification system. Considering all the reasons above，it will take a long time for China to develop environmental public interest litigation.

自1979年恢复律师制度以后，中国确立了具有中国特色的律师惩戒制度。中国的律师惩戒权分为司法行政机关的行政处分权和律师协会的纪律处分权。司法行政机关的行政处分权和律师协会的纪律处分权是两个完全独立的概念，各有自己独立的法的渊源、惩戒手段、惩戒机构和惩戒事由。对律师的违规违法行为，司法行政机关和律师协会均有惩戒权。本论文重点研究中国律师惩戒权的实体部分，程序部分不在本论文的研究范围之内。为了更好地了解中国的律师惩戒制度，本论文先考察了一下世界主要国家的律师惩戒制度，然后仔细查看了一下在中国律师惩戒权是怎么变迁过来的。然后，对司法行政机关的行政处分和律师协会的纪律处分的现行规定进行比较的基础上，分析出了中国律师惩戒制度的特点。然后，分析其原因并展望了未来。最最后，试图分析了对我们的启示。