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The original letter of Fa(法) was appeared in Sizhou(西周) dynasty, around B.C1000. Before Chunqiu(春秋)ear we, however, could not find the meaning of law as statute enacted by state. Thus the original letter of Fa did not contain the meaning of statutes. The most important part of the original letter of Fa, according to the ancient letters of China, would be a 大ㅂ. In Zhi(齊) 大ㅂ had been used as Fa. In the letters of Jiaguo(甲骨) 大ㅂ reprsented the symbol of a traditional rite to pray for rain. Apart from the meaning of statute, the time of appearance of the original letter of Fa should be effective retrospectively from B.C1000 to Yin(殷) dynasty.

Since its admission to WTO, China has been required to adjust its law, regulations and rules, and other policies to the WTO rules and its own accepted duties which are expressly reflected in the Reports prepared by Working Group on China Admission. And it shall implement the duty to provide the documents of newly enacted or revised laws, regulations and rules, and other policies if reauried by any member state of WTO. In other words, China can not help guaranteeing the transparency in the fields of their legislations and policies. Furthermore, China shall eliminate conflicts among laws, regulations and rules and provincial decrees, which there have existed in a considerably serious degree and have been concerned with by foreign states and investors, until now. The Legislation Act which is aimed to establish China's transparent legislation system and hierarchy and has been implemented since July, 1, 2001 is regarded to be the most important law on basis of which China's central and provincial organizations should perform their legislative activities.

This paper is about an access to the Chinese law research materials through the internet. Topics discussed cover preceded researches about using of Chinese legal materials through the internet, development and classification of electronic Chinese legal information, search engines and down load, major online Chinese legal resources, and features and the future of the online Chinese legal resources. The focus of this paper is on an introduction to various Chinese legal resources like legal online services, electronic legal publications, law related websites, the internet law libraries, and CD-ROM products. The problems about online Chinese legal resources in Korea is also pointed out and the answer to resolve these problems is sought in this paper as follows: First, well organised Chinese law online services are needed in Korea for spreading the study of Chinese law. But because it has low economical efficiency in making Chinese law online services in Korea, the academic institutes such as university and national library are suggested to make them. Second, it is suggested that journals purchased in all of domestic university libraries be indexed and published to make a free access through the internet. The Council of University Library can organize this work. Third, it is strongly suggested that the Korean National Assembly Library purchases important journals relating to Chinese law from China and other foreign countries, makes a list of the articles in the journals, and publishes it to make a free access through the internet.

1. Introduction Patent right is a right that has the natures of monopolization and exclusiveness. However, although it is difficult to firmly decide the scope of protection and potentiality of infringement since the inventive creations that are objects of protection of the patent right are intangible properties and creative rights, the patent right system has to be operated toward the objectives of encouraging effective competition and restrain unjust competition in terms of the purpose of the protection of intellectual property right, technology power of the nation, industrial policy, etc. 2. Infringement of Patent Right Manufacturing, using, selling and importing of patent product or using the patent methodfor the purpose of business without obtaining permission of patentee is referred to as direct infringement. Direct infringement includes the Infringement in Identical Sphere caused by using all constituent element features, as they are, of concerned patent, and the Infringement in Equal Sphere caused by using core features, as they are, of the invention. Among these, most problems arise from the infringement in equal sphere. The type of infringement contributing to other person's infringement of patent right or inducing the infringement is referred to as indirect infringement. Although this indirect infringement is aimed at the protection of patent right defining the acts taken at the step preceding infringement act as an infringement act, it has to be carefully applied because unjust restriction to the business is worried. In case of Use Invention that obtain the patent adding new technical factor on the basis of patented fundamental invention and Conflicting Invention that two inventions conflict each other because dual patents are granted for identical inventions, these inventions are deemed to be effective unless the procedures for legal decision for invalidity are undergone. When there is improvement effect by adding or eliminating constituent element features of patent, it will not constitute infringement. But, when its effect is mostly the same, it will not only constitute the infringement but also the same in case of coarse use. In case when the invention is diverted to other close technical field, diversion to other close technical field constitutes the infringement. In chemical field, general compounding method is not recognized as patent. But, when the material generated by certain compounding method has remarkable operating effect, such compounding method is recognized as a patent. There is a system called Reasons for Plea in which case the infringement is not constituted even if there was a conduct of infringement of patent right in external view when the reasons for restriction on exercise of patent right or the reasons for faking unlawfulness exist. As general reasons for plea, Article 63 of Patent Law stipulates; the case of use or sales after initial sales of patentee, the case of holding prior use right by the person who already manufactured same product prior to the date of application for patent, the case of merely passing the territorial air or territory of China, the use for professional scientific research or experiment, prescription conduct under Pharmacists Law. Further, there are plea against the abuse of right in practical work, plea for abatement, plea for invalidity of patent, plea for the use of publicly known and publicly used technology. 3. Claim for Prohibition of Infringement The patentee who hold effective patent right and implementation right and interested parties may claim the prohibition or prevention of infringement of patent right as a claim right under property right against the person who infringed or is worried to infringe the patent right by using the patent right for the purpose of business operation. The prohibition of infringement may be claimed by filing lawsuit to Chinese Peoples Court of jurisdiction of the address of defendant or the location of business place where infringement conduct took place or discontinuance of infringement may be claimed to the Office of Patent Affairs Administration. The claim for discontinuance of infringement is present performance lawsuit securing discontinuance of present infringement conduct, and the claim for prevention of infringement is future performance lawsuit securing the prevention of future infringement. In case when the claim for the prohibition of infringement is accepted by the court, infringing party is prohibited not only from direct infringement but also from indirect infringement. When the infringing party does not comply with this prohibition, proxy execution may take place, and the infringing party is subject to criminal punishment. Office of Patent Affairs Administration can merely request compulsory execution to the court. Regarding the method of disposition in case when there are any goods generated out of infringement conduct or any facilities provided in infringement conduct, Chinese Patent Law stipulates nothing thereon differently from our Patent Law. However, destruction or removal of the goods generated by infringement or provided facilities may be claimed in accordance with Article 118 and Paragraph 1 of Article 134 of General Provisions of the Civil Law, and the actions necessary for the prevention of infringement may be claimed. Provisional disposition prior to the lawsuit on the merits is also necessary in case of infringement of patent right. In case when the right to be preserved exists and its preservation is necessary, preliminary disposition for the prohibition of disposition is possible also under Article 97 of Chinese Civil Procedure Law. For the right eligible to be preserved, basic facts must be evident and the rights and obligations must be definite, and the claimant must clearly explain thatthe respondent bears the obligations for performance, return or compensation. The claimant also must clearly explain the necessity of preservation that provisional execution is necessary for the reasons of urgency of situation. 4. Compensation for Damages Since the patent right is intangible and abstract right, it is difficult to prove the fact of infringement and amount of damages. Therefore, each country either provides the rules for estimating the amount of damages or grants certain discretionary authority to the court. Since Chinese Patent Law, like in our Patent Law, does not provide the rules for estimating the faults, the claimant must prove it. However, for proving of infringement fact, Paragraph 2 of Article 57 of Chinese Patent Law provides the transfer of responsibility to prove. In case of patent right, mental and positive damages are neglected by its peculiarity and only passive damages, i.e. the loss of profits that the patentee could have gained, are handled. For the lost profit by the infringement of patent right, the amount of compensation can be decided by calculating the profit that could have been gained if the infringement of patent did not take place. However, since it is almost impossible to practically prove it, our Patent Law provides the rules to calculate by the formula of "sales quantity of infringed product x unit profit of right holder", and this formula may also be able to apply to the case of China. As there are problems in calculating the damages by the infringement of patent right that is an intangible right, there are methods of deciding such damages by; providing the rules of estimating the profits gained by infringing party as the amount of damages in order to make it easy to prove the damages, or deciding the amount of damages based on the amount of royalty for patent right, have the judge of the court recognize substantial amount of damages according to entire tenor of oral proceedings and the result of evidence investigation. In case of China, the methods of either claiming the compensation for damages by filing lawsuit to the court or requesting for conciliation to the Office of Patent Affairs Administration are available. However, the conciliation has no legal binding force since it is a system of persuading agreement between concerned parties. 5. Right for Claiming the Recovery of Credit Problem area exist concerning whether or not the remedy by other methods than compensation for damages are available as the measures of remedy for the damages caused by infringement conduct. Chinese Patent Law stipulates no special provisions in this regard. However, an apology in the type of civil responsibility may be utilized in accordance with Subparagraph 10 of Paragraph 1 of Article 134 of the General Provisions of Civil Law.6. Criminal Punishment Since the patent right is an issue related with private right of individual person, the attitude of each country is not uniformly settled as to whether or not to apply criminal punishment in case such right is infringed. In case of China, however, Article 218 of Criminal Law provides the crime for counterfeiting the patent and Article 59 of Patent Law provides the crime for production and selling of patent product.

Both Korean and Chinese corporate Laws prescribe the supervisors and the board of supervisors as a supervisory institution in joint-stock corporation. The legal status of the supervisors in Korea and the board of supervisors in China are very similar, both of them are necessary and permanent supervisory institution according to the corporate law, which are independent of board of director, and are elected by and responsible for the general meeting of shareholders. Their functions are to supervise and inspect the operators and the scope of supervision are concerned with business and accounting. However, the supervisor in Korea is individual institution and the board of supervisors in China is a board institution and some members may be elected from the employee, it is the difference between the two countries. Furthermore, in Korean joint-stock corporation, there is a temporary examiner as supervisory institution for incorporation, business and property of the joint-stock corporate; if the size of the joint-stock corporate is above certain standard, there are outside supervisors to supervise accounting; the board of directors have the right to supervise thebusiness of the supervisor. Therefore, the supervisor in Korean law is not the sole supervision institution with supervisory power. By contraries, the board of supervisors in Chinese joint-stock corporate is the sole supervisory institution to supervise the business and accounting of the corporate, that is another difference between the two countries. From the point of legislation, the mode of legislation of Korea and China are similar to Japanese mode. Furthermore, theKorean supervisory system are formed by amending German and English system, its outside supervisor system is derived from the supervisory system under the American Securities Act and the Securities Transaction Act; and Chinese supervisory system adopts the German and Japanese system and is amended according to the Chinese situation. After the finance crisis in Korean, the public voice on effective supervision of enterprises is running up. The international financial institutions also require to introduce outside director system and American supervisor commission system in order to strengthenthe supervisory and monitor system of enterprise. Then, the Commercial Law was amended in 1999, the article of association may prescribe option to introduce the supervisory commission system of American style, and the listed enterprise whose totalasset is above 2 trillion shall set supervisory commission. Therefore, the supervisors under the Korean law have fallen into an optionalinstitution. The introduction of American supervisory commission system by Korean law were strongly forced by theoutside press, it is too early to value its gain or loss. However, it is an imperfect legislationto introduce the supervisory commission system withoutthe basic function of outside director and senior management, because it mayimprove the current supervisor system to strengthen the efficiency of supervision of enterprise. Whatever, the amendment of Commercial Law in 1999 has become a base on the revolution from supervisor system to supervisory commission system. We are looking forward and observing the future of supervisor system of Korean joint-stock corporate. At present, China is setting up its market economy system and develop the joint-stock corporate, therefore, it is necessary to introduce the legislation and legal interpretation experiences from other countries to improve the current theboard of supervisor system and strengthen the supervision of corporate. In practice, China Securities Regulatory Commission issued the Listed Corporate Governance Rule to advice the listed companies to introduce American supervisory commission system, however, the current supervisors as legal supervisory institution exists still. Meanwhile, henceforth, though it may possible that company may choose the model of the supervisory institution autonomously, it may impossible to fully introduce supervisory commission system and wholly give up supervisor system. Therefore, it is necessary to continue to strengthen the system of theboard of supervisor. For the strength and independence of theboard of supervisor, it is necessary to prescribe to increase the member of theboard of supervisory and limit the voting right of major shareholders on selection of the supervisors for more professional, the qualification of thesupervisors shall only be granted to the professional person, such accountant and lawyer; Meanwhile, for the strength of power of the board of supervisor, the board of supervisor shall be entitled to take action on behalf of the company, and the power of investigation shall be prescribed to the board of supervisor in order to improve the efficiency of the board of supervisor system.

Investment company was a new type of investment to China for the 1990's foreign investors. It is a kind of company specialized in investment, called “Holding Company” internationally, with the main purpose to control the shareholdings of the targeted company. In China it is called “Investment Company”, which refers to the limited company that the foreign investorsset up with the type of JV or wholly owned company to do direct investment in China. The Ministry of Foreign Trade and Economic Cooperation of China issued related regulations for investment companiesin 1995, 1996, 1999 and 2001. This article discusses and analyzes issues on laws and regulations of investment company. First this article discusses the concept and features of investment company set up by foreign investors Second, it discusses terms and conditions forsetting up investment company and its procedure; At last, the relations between investment company and its invested company is detailed discussed in this articl.