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中国是由56个民族构成的多元一体的多民族国家。除了占绝大多数的汉族以外的55个民族称作少数民族。1949年中国共产党将民族地区自治制度作为处理中国民族问题的基本政策。将国家制定的法律照样适用于少数民族地区时往往会发生意料之外的问题。由于与汉族地区的经济之差、文化水平、社会情况之不同必须灵活适用合乎少数民族地区实际的法律。这就所谓‘变通’。变通制度在中国少数民族法制中是一项别具特色的制度。变通制度的法律根据有<宪法>、<民族自治区法>、<立法法>、基本法律、一般法规等。变通的形式有变通规定、变通条例、实施办法、准变通规定等多种。授权可‘变通规定’的法律有<刑法>、<继承法>、<收养法>、<森林法>、<妇女权益保障法>、<老人权益保障法>、<民事诉讼法>等，而授权可制定‘变通条例’或‘补充条例’的法律有<民法通则>。授权可设一些变通ㆍ补充规定的法律有<婚姻法>，可授权制定‘实施办法’的法律有<全民所有制工业企业法>等。变通有两种类型。一个是通过立法的变通，另一个则是在实施法律的过程中出现的变通。所谓‘立法变通’是指少数民族地区的人大考虑本地的实际情况而对于国家制定的法律和法规以立法方式变通规定而言。可立法变通的对象有3种。其一，对国家基本法的变通。其二，对国家一般法规的变通。其三，对地方法规的变通。若考虑少数民族地区的实际情况执法时也会发生执行上的困难。在国家规定的刑事法、婚姻法、民事法等上不能照规定的基本制度或基本原则执行时可变通适应本地法律的执行。这就是‘执行变通’。为了变通被规定生效必须经准备阶段、制定阶段、批准阶段。变通亦受 规制，有有关变通主体的规制、有关变通目的的规制、有关变通范围的规制、变通制定程序的规制、有关立法变通原则的规制等。另外，变通主体的不明确性、变通有关机关统一性的缺乏、变通运用上的问题、对立法技术和经验的匮乏等被指为现行中国变通制度的问题。中國少數民族法制的變通制度需要持续的发展，然而执行变通制度有虞被司法机关和行政机关滥用的余地想必可能需要废止。

The release of debt is traditionally deemed as a contract since its origin from Roman law. A “unilateral juristic act” theory came out in 20th centuries in some east-Asian countries, which was developed based on the theory on the abandonment of rights; unreasonably, the “unilateral juristic act” theory does not take the interests and the will of the debtor into consideration. It is therefore held by the author that the contract theory is more solid than the “unilateral juristic act” theory, as the contract theory has sound historical origin, well reflects the characteristic of the relation of obligation, and is in line with the idea of private autonomy.

债务免除之性质, 自罗马法以来一直采取契约说。但自二十世纪以来, 东亚一些国家改采单方行为说。单方行为说以权利可得抛弃为出发点, 其结果必然是不考虑债务人的利益和意志, 殊为不妥。而契约说不仅有其历史根源, 而且更能契合债务关系的特质, 更能贯彻私法自治的理念, 教单方行为说更胜一筹。

In America Internal Control-Integrated Framework of Committee of Sponsoring Organizations of the Treadway Commission was published in 1992. In 2004 Enterprise Risk Management-Integrated Framework was published. It can be said that Enterprise Risk Management-Integrated Framework contained and developed concept of internal control. The Sarbanes-Oxley Act of 2002 adopted internal control system. In Japan, internal control system was introduced under the Corporation Code. In addition, the Financial Products Transaction Code of 2006 contained internal control related to a financial report in order to secure confidence of disclosure information in capital market. Therefore, large corporations should establish internal control system and a director of large corporations has a duty of internal control in Japan. In China, illegal acts and misconduct of the management in publicly held corporations have been disclosed since 2000. So, trust of investors in the capital market of China sharply dropped. Much emphasis has been placed on establishment of internal control system in order to cope with illegal acts and misconduct of the management. In result, the Chinese Government has made an effort to introduce and establish effective internal control system. In the context of the making of good corporate governance, it is necessary to reinforce and improve internal control system in China. In this connection, a deep study should be studied on the Chinese laws in respect of internal control system.

The Labor Contract Law of the People’s Republic of China, adopted at the 28th Session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on June 29, 2007, is hereby promulgated and shall come into effect on January 1, 2008. This law was enacted and formulated in order to improve the labor contract system, specify the rights and obligations of both parties to the labor contracts, protect the legitimate rights and interests of the workers, and construct and develop a harmonious and steady employment relationship. The enactment process of the labor contract law in the PRC and it’s political and economic background were studied in this paper, with critical attention paid to understanding that the Chinese labor contract law appeared through the severe debate and struggle among the interested parties (i.e., management, labor, trade unions, foreign investors, government, etc.). This paper argues that the legislative direction of the labor contract law in the PRC was already determined by the change of the policy of the Chinese Communist Party when the first draft was established. The Chinese government collected public opinion as a way to check the response of the people, and to prevent criticism and confusion in advance which might occur after enacting the law. In this way, the government produced an appropriate legislation that corresponded with its policy.The government had collected various public opinion in the process of enacting the labor contract law. Interested parties such as management, labor, trade unions, foreign investors and government offices gave various opinions. In particular, inter alia, scholars had played a very important role prior to the law’s enactment. For one, the debate between Professor Chang Kai (representing labor) and Professor Dong Bao-hua (representing management) had attracted considerable attention. The positive function of labor law scholars in the legislation process of enacting the Chinese labor contract law provides its own lessons. Their positive participation in legislation process gave Chinese society a chance to newly understand the labor law, labor situation, legislation purpose, legal system, and the role of the state. This legislation process demonstrates how scholars can play a positive role in helping the state enact appropriate laws during a time of enormous social transformation.

After the grand election in 2008, Ma Yingjiu was elected as the “President” of Taiwan and have terminated Chen Shuibian era, who advocated Taiwan’s independence from China. Ma advocates a moderate policy toward the Cross-Straits Relations which toke an positive effect on Cross-Straits Relations both politically and economically. On 4th. Nov. 2008, China-Taiwan Three Direct Links Agreement was signed which may works as the milestone for the Cross-Straits Relations and gives a great impact on Cross-Straits Tractions. This paper analyzes the legal issues under WTO system which came With the development of Cross-Straits Relations and Trade, and toward the expending Cross-Straits Trade relation, this paper also elaborated the possibility for China-Taiwan FTA or CEPA under “One China Principle” and the impact that may work on China-Korea FTA.

Legislative inter-change aids tend to focus on reformation support for legislative system in the field of development aid. The ‘Law and Development Movement’ was promoted in the United States in 1960s to backup the Western modern legislative system for developing countries while highlighting the importance of law for the market economy and the democracy toward third countries by the theory of modernization.It is no exaggeration to say that foreign government’s legislative inter-change aids toward China started out from the policy for reforming and opening of China. During past 30 years China has been carrying out the innovation and opening policy, and the established legislative system for market economics was the most needed due to the process of conversion into a socialistic market economic system. And the Western developed countries’ legislative inter-change aids built up through their legislating history not only contributed establishing China’s legislative system, but also played an important role for China to be less burdened by financial problems caused by learning how to legislate the economic-related laws that are needed in reforming its market economic system by providing material and physical supports. In Korea, we use various terminologies for projects of Legislative inter-change aids and they transform diversely depending on the character of the agency and any unified theories about project’s specific objects, methods, and ideologies to back up the projects are not yet settled because of its low necessity and recognition, so we could say it is still in the primary stage. Also it is not carried out through synthetic systems such as ODA, but recently operated in several government or research bodies, or law firms.It is necessary to consider the following contents about Korea’s legislative inter-change aids toward China. (1) Its rather passive attitude comparing to the economic exchanges, (2) The fact that it is considered to be a ‘Legislative inter-change supporting country’, not the ‘Legislative inter-change cooperating country’, (3) Necessity of understanding the Chinese people’s consciousness for their law and building trust with them. (4) Establishing organized and long-range plans and taking shares of duties through inter-cooperating between legislative bodies, (5) Transmitting the experience of executing the law that has superiority while selected and concentrated supporting is performed for legislation of such specific field, (6) Examining Korea’s historical proceedings of legislating, (7) Emphasizing the importance of educating in order to bring up the professionals for legislation field of China.

在中国律师从业机构为律师事务所。自从1979年律师制度恢复以后，中国的律师事务所随着律师制度的发展而发展，先后出现了国家出资设立的律师事务所、合作律师事务所、合伙律师事务所等组织形式，但截止到2007年律师法修改以前，国际上最普遍的个人开业的律师事务所组织形式始终未能得到承认。在中国个人开业的律师事务所长期排除在外的主要原因可以列举为对所有制的根深蒂固的偏见以及中国法律市场的特殊性。此外，还有律师管理体制的局限性以及律师责任能力的不足。随着时代的变迁和律师制度的发展，尤其是从2001年开始的个人律师事务所试点工作得到肯定以后，在中国以法律的形式正式认可个人律师事务所这个组织形式的时机也成熟了。2007年中国对1976年制定的律师法进行了第二次修改，第一次以法律的形式承认个人律师事务所的合法地位，将其设立合法化。2008年中国又制定律师事务所管理办法，更进一步明确了个人律师事务所的设立要件。律师法和律师事务所管理办法是在参照北京、上海等地方制定的地方性法规并总结地方性法规实施经验的基础上制定的，但其规定比较原则。律师法从2008年6月1日起开始生效，律师事务所管理办法从2008年7月18日开始生效。现在新疆、青海、宁夏等偏远地区也设立了个人律师事务所，个人律师事务所再也不是北京、上海等发达地区的专利品。不过，个人律师事务所并不象人们所想的那样遍地开花。在中国个人律师事务所要得到长足的发展还需要先解决一些问题，需要明确设立目的，健全法制，加强管理，提高律师的责任能力。

中国法院主要采用调解方式处理民事、商事纠纷，并由此形成了颇具有中国特色的法院调解制度。法院调解，是指在人民法院审判人员的主持下，双方当事人通过自愿协商，达成协议，解决民事争议的活动和结案方式。由于是在诉讼中进行的，也被称为诉讼调解。改革开放以后，随着市场经济的迅速发展以及社会结构的变化，中国出现了很多社会问题，并给社会安定带来了不少障碍，民商事案件的急增给人民法院带来业务上的负担和压力。为了强化人民法院的行政机能，减轻审判业务上的负担，规避错案追究制包括在内的职业责任制，大多数法官偏重于法院调解，劝告当事人自愿协商，达成协议。目前的社会体制和社会环境下，法院调解在维护社会稳定方面发挥了极其重要的作用，它能有效地化解纠纷，最终达到案解事了。而在调解立法与实践中依然存在有些不合理之处，比如调解人员的范围比较狭窄、没有调解专门法官制度，调审未分开、调解协议与调解书发生效力的时间相脱离等。本文通过对中国法院调解的沿革、意义、程序、效力以及运用状况的考察，分析法院调解制度存在的不足之处，借鉴韩国的相关制度，提示改善方案。

A movable property or a immovable property was traditionally recognized as a sort of thingy existence for human’s survival or object for ensuring the national finance in China. Therefore the state’s control over properties had a tendency to satisfy the recognition. The formation of real (property) rights and it’s social implications have been built on that recognition.In that context, given the modern recognition about a real right, which means a property right from a standpoint of it’s substance and management right from a standpoint of it’s effect as a exclusive right benefited through a direct control over a thing or the other objects, there are some differences in social viability of the right between the traditional and modern recognitions. Nonetheless the traditional recognition is aligned with the modern in that a real right should be treated importantly as a fundamental material for human’s survival.