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Carrier delivery of cargo without B/ L refers to the behavior that the carrier does not deliver goods by original B/L. The author analyses the superposition of the two kinds of nature of the behavior——the breach of contract and the tort, as well as, from which, constitutes concurrence of liability of the carrier. Under most conditions, the carrier should undertake the liability, although he can put forward many seemingly reasonable excuses. While in some cases, special legal facts can deprive the bearer of some rights, which means the liability to the carrier should be exempted for some causes.

本文试从判例的角度、看在司法实践中如何认定“无单放货”的法律性质、以及法官如何在个案中平衡承运人的责任。凭正本提单交付货物是为各国法律首肯并已成为国际贸易及航运界普遍接受的惯例、是承运 人的一项基本义务。而无单放货不仅违反了提单所体现的运输合同的正确交货义务、同时也侵犯了提单所表彰的物权、承运人应对此承担严格责任。与此同时、法官亦相对地平衡承运人的责任、保护善意、无过错的承运人。

In Aug. 1998, the State Council of the People’s Republic of China started with the second round of reorganization of futures market, announcing “a Notice Concerning the Further Reorganization and Regulation of Futures Market” for the purpose of reinforcing the supervision over Futures market, as well as managing the risk thereof. Throughout this round, it has established such principle as “to continue the experimental test, to reinforce the supervision, to regulate on the legal basis, and to manage the market risks.” The main undertakings of it could be summed up as follows: a continuous reorganization; adjustment of Future Exchange; rearrangement of the future product; heightening a deposit for certain products; a ban on illegal exchange of futures; rearrangement of future brokers; a strict control over off-board transactions and so forth.

期貨市場監管目標的實現、离不開科學合理的期貨市場監管模式的确立。本文梳理了期貨市場建立時期、兩次淸理整頓階段、規范發展時期以及当前結构性變革時期的期貨監管模式的變遷史、歸納了監管模式 變化的軌迹、硏究了其与監管績效間的關系、以期爲下一步期貨市場監管模式的完善提供借鑒。

The most important thing which is characteristic of Chinese Property Act is to give a special protection over the national property. This is not in conflict with the principle of equal protection among legal subjects; the nation, a regional group, and an individual.

《物权法》的中国特色的最主要的体现、是保护国有财产、二者具有不可分割的紧密联系。《物权法》护措施、如确定国有财产的客体、行使权利的主体、侵害国有财产权的法律责任等、均在《物权法》中有 突破性的规定、但是也存在诸如与其他法律法规重复、冲突、尚有立法空白等兼容性问题。对国有财产进行专门地保护、并不违反国有财产、集体财产和私有财产平等保护原则。

Chinese Anti-trust law has developed keeping pace with the open-door policy which has been effective since 1978. As Chinese society has shifted from state monopoly through limited competition to the present freer and fairer phase of competition, limitations of the conventional Anti-trust law characteristic of the dissipated law clauses, weak enforcement, inconsistencies between pertaining acts have been brought into prominence. It is certain that the present laws cannot gratify the increasing demand of regulations on economic and administrative monopolies. Thus, aside from Anti-Unfair Competition Law, the institution of the Anti-trust law is necessary to compile pertaining laws and to make possible the establishment of new system. The first ratification of the draft was made by The Standing Committee of National People's Congress on June 2006 and the ensuing one was made on July 2007. Thus, it is expected to be declared in one or two years. It leaves no room for doubt that the enactment and the enforcement of the law will serve as a significant momentum for freer, fairer and more effective competition environment on a domestic basis.

中国的反垄断立法是伴随着中国自1978年开始的举举世瞩目和影响深远的改革开放政策逐步开展起来的。随着中国从计划经济时代的全面国家垄断到适度竞争再到目前的相对自由、公平的竞争阶段的演进、中国现行的反垄断法律法规的零散、低效力层次和彼此抵触等弊病一览无遗、这显然不能满足规制中国目前愈演愈烈的经济性垄断和行政性垄断行为的需要。因此、在《反不正当竞争法》以外、制定一部集大成而又有制度创新的《反垄断法》法典就显得十分必要和迫切。中国的《反垄断法》法典 (草案) 已经于2006年6月经全国人大常务委员会进行了第一次审议、2007年6月又进行了再次审议、预计近一、二年内将出台、这对中国境内自由、公平和有效竞争秩序与环境的形成无疑具有重大的意义。

The development of Chinese enterprises, in a certain sense, is a historical epitome of the process in which Chinese society became stronger. It not only witnesses the magnificent upsurge of advancement in China, from closing-down to opening-up, from unwisdom to civilization, from weakness to powerfulness, but also records the law-based track of the enterprises themselves. To clear off the evolvement of Chinese enterprises no doubt has the value of seeing one horse and then seeing them all. It could make us to acquaint thoroughly with Chinese society how to start a business, and catch the develop trace and law-based track of Chinese enterprises clearly. This paper presents it to Korean academic circle and friends with the title of “The evolvement of Chinese enterprises and the law-based research of enterprises,” Meanwhile the author will do research with successful experience of enterprises’ law-based construction in Korea, then introduce and promote it to Chinese academic circle and enterprise circle.

中国企业的发展演进, 从一定意义上讲, 是中国社会变革图强的历史缩影, 他见证了中国由封闭到开放, 由落后到文明, 由柔弱到强盛的波澜壮阔的发展进程, 也记载了企业自身的法制化历程。沥青中国社会的创业奋进史, 也能清晰地把握中国企业的发展脉络和法制轨迹。本文试以《中国企业的发展与企业法制研究》为题, 向韩国学界及朋友作概略介绍, 同时, 作者将潜心研究韩国在企业法建设领域的成功经验, 并向中国学界及企业界介绍推广。

信用卡作为新的支付工具被广大消费者使用还不到一个世纪、但它的先进结算方式及便利性使其越来越受到人们的青睞、同时已成为现代人必需的金融商品。信用卡发行银行发行信用卡的目的在于它作为凭单证件可以反复购买商品及接受服务。可是现在中国发行的信用卡大部分属于借记卡、持卡人必须在银行存有帐户、当备用金帐户余额不足支付时、可在发卡银行规定的信用额度内进行透支。同时、目前中国的信用卡市场仅限于需要国际结算业务的大型旅店和百货商店、而且VISA Card和Master Card公司同中国的商业银行儶手经营并掌握中国的大部分信用卡业务。 信用卡飞速发展的同时、因信用卡滥发使用导致很多重要的社会及经济问题。除此之外、信用卡因被盗用、特约商店通过伪造、变造记帐凭证冒领持卡人帐户资金等现象引发持卡人挂失的风险承担法律问题。持卡人的挂失是对其遗失信用卡行为的一种弥补、在其履行了挂失义务之后应当说已经盡到了该盡的义务、其过失责任也应该解除。国外的信用卡章程一般都将持卡人履行了挂失义务以后的风险责任分配给发卡机构。但中国法律对信用卡挂失后风险责任承担并没有明确的规定、而是下放权利给发卡机构由发卡机构在章程中约定与持卡人间的责任分配。因而造成中国不同银行对信用卡挂失后的责任配置有了各自不同的规定、大部分的银行章程规定挂失起到挂失后24小时内的风险由持卡人承担、但不可否认极少数的银 行章程也规定自挂失起发卡银行承担挂失后的全部责任。

In 2005, the China government enacted “Trade Barrier Investigation Rule” which was the revised version of the “Trade Barrier Investigation Provisional Rule,” and it came into effect to protect domestic companies and make a fair trade circumstance. Actually, the Ministry of Commerce of the People’s Republic of China investigated a trade barrier on Japan’s Import Quotas on Laver in 2004. After then, China and Japan made a mutual agreement, so the Japan government made a promise to remove discriminational measure. The law system and practices of China on the trade barrier investigation will affect not only the countries under investigation, but also the countries which have interest on the related goods. For example, in case of the laver dispute between China and Japan, Korea also had some interest. So Korea should be watch for the dispute. China is one of the biggest trade partner of Korea. That is why Korea needs to understand the trade barrier investigation system of China. In this article, the author makes comparative analysis of the trade barrier investigation law of China and Korea, and makes some comments on these two system.

中国国家環境保护总局于2007年2月8日制定《環境信息公开办法(试行)》、自2008年5月1日起施行。本办法是为了推进和规範環境保护行政主管部门以及企业公开環境信息、维护公民、法人和其他组织获取信息 的权益、推动公众参與環境保护而制定。本办法所称環境信息、包括政府環境信息和企业環境信息、因此该办法同时规律政府環境信息和企业環境的公开行为、属较为特殊的部门规章。本办法的制定保护了作为公民权利的環境知情权、过去、包括宪法的批评权等被认为蕴含知情权、之後的環保法及其他環保相关的单行法规也规定了環境信息公开制度、但是操作性不强。而本办法对行政主管部门以及企业公开環境信息的範围及程序、法律责任均有较为明确的规定。但本办法也存在公民知情权被侵害时救济制度不夠明确等不足。

China’s economy grows at a near-10% high speed, following the rapid development of her securities market. Nowdays, as many as 80,000,000 citizens are engaged in the stock trading in this Country, making China be considered as the largest-scale newly-rising stock market. With accomplishment of the reformation on unifying negotiable and nonnegotiable securities, China’s securities market turns into a new stage and tend to be more marketable, regulable and international. Investors all over the world are eager to catch such a chance by planning to put their liquid capital into this prospective market or managing their money on it. However, China’s securities market is now still under developed and there are some unstable factors which hampered its full open for protecting domestic market. Based on such background, this report introduced china’s stock, bond and fund, which mainly constitute china’s securities market. And also, as means of foreign capital entering China’s securities market, Securities Company with Foreign Equity Participation, Joint Venture Company on Capital Management, Qualified Foreign Institutional Investors(QFII), Strategic Investment are also been referred. As well as their common function as a tool of investment, they are distinctive on the requirements, available securities and restrictions. So a research on the regulations concerning them would be worthful in guiding foreign capital investing on china’s securities market.

When the government chooses the FTA partners, generally, the best concern is its economic result. The paper, however, believes that legal framework also should be studied at the same time for the benefit of the own country from the FTA. Under the preposition of the necessity and possibility of the conclusion of the Free Trade Agreement between Korea and China (KCFTA), the paper analyzed KCFTA from the legal perspective. First of all, both China and Korea as the WTO members, they should obey WTO rules and KCFTA should not violate WTO, hence through the comparison WTO and some important FTAs like NAFTA and Korea-Chile FTA, the paper explains common and different contents which they regulates. Secondly, the paper presents current problems such as strict non-tariff and anti-dumping measures in economic relations between Korea and China which China points out and based upon them, the paper precluded the legal framework and contents of the future KCFTA such as tariff, trade remedy and dispute settlement areas. In the final part of the paper, it suggests not only legal issues but also the legal framework and contents which is favorable to Korea in the KCFTA.