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The purpose of this study is to survey the principle of liability imputation in the Tort Liability Act of China, passed on december 26, 2009, which takes effect on July 1, 2010(hereafter, the Tort Act). To begin with, we introduce the discussion about the various views about the principle of liability imputation, with a brief survey of its provisions. In general, liability with fault and the non-fault based liability are admitted as principle of liability imputation. Nevertheless, the presumption of fault liability and the equitable liability are still in the dispute, even after the tort act is enacted. The present tort act has some articles about this issue, in its general part. According to them, if any person, through his own fault, infringes on other people’s civil rights and interests, he shall assume the tort liability(article 6, paragraph 1). This defines the liability with fault, which is totally same with the General Principles of the Civil Law of the people’s Republic of China(1986)(hereafter, the GPCL)(article 106, paragraph 2). If the person is presumed to be at fault according to the law, and he is unable to prove that he is not at fault, then he shall assume the tort liability(article 6, paragraph 2), which is regulated in the same article, and treats it as the presumption of fault liability and was newly added into the tort act. Third, about the non-fault based liability, if any person infringes on other people’s civil rights and interests, and any legal provision specifies that he shall assume the tort liability, such provision shall govern, whether such * Associate Professor, National Police University, Doctor in Law169) person is at fault or not at fault(article 7). It has come from the GPCL(article 106, paragraph 3). Finally, the equitable liability is defined: if both the victim and the person who commits the act are free of any fault with respect to the occurrence of damages, the two parties may share the loss in light of the actual situation(article 24). It is recognized as one of the methods of assuming liability(the latter half of chapter 2), on the other hand, another 3 are all defined as one of the constitution of liability(the former half of chapter 2). Next, we move to the specific part of the tort act, examine every special torts, what principle they take in some detail and the dispute, mainly between the liability with fault and the non-fault based liability, for example, product liability, motor vehicle accident liability, internet service provider liability, medical malpractice, environmental pollution liability, liability for ultra-hazardous activity and liability for damage caused by animals or by objects. It also recognizes the coexistence of the 2 or 3 principles of Liability Imputation in one special tort. In contrast, formerly only one principles is given in a special tort, so diversity and flexibility is also one of key features of the new act. Taken together, this study shows that the present tort act is mainly based on existing provisions, such as the general Principles of the Civil Law etc and some judicial interpretations of the supreme court. But some new principles are also created. Seen in this perspective, the tradition and new creation are simultaneously pursued. Compared to the Korean Civil Code, which defines only the fault liability the default rule of the liability(article 750) and the presumption of fault as its exception in the several provisons, not in general part, this study offers a new approach and more contents, which are very suggestive for us preparing the reform of our code civil since 2009.

Chinese private law takes combination of civil and commercial code. Since in China, there are various legal agents that don’t exist in other countries, whenever foreign investors who are familiar with civil law system sign contracts, they have questions about other chinese party has a qualification as a commercial merchant and their legal actions are admitted as commercial transactions. These matters are derived from the fact that there is no clear legislation for commercial merchants. Commercial merchant is not a legal concept in Chinese private law as well as there is no regulation about commercial transactions. Also, there are many discussions on position of the commercial code. There are two kinds of opinions. One is commercial code which puts within civil code(unification legislation). The other is separate legislation. These discussions are based on whether the concept of commercial merchant or commercial act is admitted or not. If the concept of commercial merchant or commercial act is admitted, commercial code could be independent from civil code. I support independent commercial code, because various commercial merchants are practically exist in China and each law admits commercial merchants. China takes requisite for establishment in effect of commercial registration, therefore commercial agents who don't get commercial registration couldn’t do business, and the principle of public confidence on registration should be admitted.

The concept of “Corporate Social Responsibility”was introduced in China after reform and openness Particularly, joining WTO in 2001 and the globalization of the economy have decisive effect on emerging the concept of corporate social responsibility in earnest. In China, the unique form of corporate social responsibility, which is different from other capitalist countries, had existed from the past, but has developed in a different way on the basis of the unique economy system derived from social responsibility. After corporate social responsibility was stipulated under Article 5 of amended Chinese Company Law of 2005, the discussion on the way how to impose social responsibility to a company has been carried on considerably at the various fields. Especially, the positive response of economic community to it as competitively announcing the reports on it will represent the company’s decision and actions. Chinese government and leaders also emphasize corporate social responsibility in the political document or discourse as an important issue. Overall, the discussion can be seen that a particular corporate or country tends to deal with corporate social responsibility politically, or to manage it at the international level as a strategic way. In fact, the corporate social responsibility is a macro-social responsibility basically, involving economic and political features. However, it does not regulate the specific behavior of the company effectively, as well as it does not carry effective and preventive binding measures to make miro-management decisions, though its surface feature is frightening as a “tiger without teeth.” Besides, the corporate social responsibility report each company announced has become a new type of company advertisement. In order to become it as a “tiger with teeth”, therefore, academia, economic and legal community should continuously make an effort to research on it. In China, most legal scholars still raise a question whether the corporate social responsibility stipulated in Article 5 of new Chinese Company Law could be a trial nom, because they consider that it only exists in the moral provision or legal principle. Then, how a company could realize corporate social responsibility in the process to make a management decision? A company should take priority to acknowledge the validity of corporate social responsibility as a trial nom. Based on it, the company should find rational solutions how to implement the corporate social responsibility. To establish Committee of Social Responsibility under board of directors of a company or to improve corporate governance could be one of the solutions.

在國際航運業務中，按營運方式的不同可劃分爲班為班輪運和不定期船運輪。班輪運輪的特點是有固定航線, 有固定班期, 掛靠固定港口，按運费表結算運費, 主要適合運載小宗數量的貨物。但就世界海運貨量而言，以不定期船承運占了大部份。不定期船的特點是沒固定班期、航線和掛港，這種方式適合運載大宗貨物，如糧食、礦石、石油等。 不定期船按船舶租用方式可大致分為三種，即定期租船(期租)、航次租船(程租)和光船租賃(光租)，其中以定期租船最為普遍。船東船出租給承租人在一定期限(如一年)內使用，承租人可以根據約規定的允許航行區營運,如安排攬貨、掛港、載貨及調度等，船長要在經營方面服從承租人的命令。租金一般是以每天或每載重噸爲單位按月支付。 定期租船合同中承租人的責任問題是研究定期租船合同的核心問題之一。目前，國制上沒有關於定期租船的國際條約，僅是存在幾個標準合同格式，如NYPE租約和BALTIME租約。不管是普通法系國家還是大陸法系國家，都沒有對定期租船合同的強制性規定，並且國家對定期租船承租人的責任規定也有很大區别。文章眼球的重點是定期租船合同中承租人對船舶所有人(出租)應該承擔的義務和責任。以中國海商法中對定定租船承租人的責任規定爲重心，通過與國制標準租船合同中相關條款的對比和分析，從而為定期租船合同雙方當事人更好的簽訂合同提供一些建議。

Securities insider trading is a very common and highly jeopardizing economic criminal behavior in the securities market. Prohibition of securities insider trading is the common attitude adopted by almost all countries around the world to protect the fairness of the securities market, safeguard the confidence of investor and promote the development of the securities market. Although Chinese <Securities Law> issued in 1999 was modified thoroughly in 2005, the supervision on Chinese securities market’s insider trading is still lack of efficient measurement, especially on internal trade supervision .This paper uses the comparative analysis method to make research on the prohibition of securities insider trading of U.S.A and China. First, law history of American and Chinese prohibition of securities insider trading and the problems of Chinese securities insider trading were introduced. Secondly, subject of law enforcement of prohibition of securities insider trading, insiders, insider trading information, insider trading behavior and law responsibility of insider trading are introduced, and the common grounds and different grounds of them are analyzed. Thirdly, based on the analysis, the paper brings forward some suggestions to further amendment of Chinese prohibition of securities insider trading.

中国的民事检察监督有过曲折的发展历程，虽然经多年努力，民事检察工作获得了一定的发展，并取得了符合中国特色的一些成果。在现行制度下，检察机关仅能通过抗诉方式参与民事诉讼。而民事抗诉制度因制度设计缺陷众多、理论研究薄弱、司法实践存在多方面的问题等引发了理论界和实务界对其正当性的质疑，使得检法两家在实践中产生了诸多磨擦和冲突，严重影响了该制度的顺利进行。单一的民事抗诉方式并不能完整宪法赋予检察机关的使命。当下国有资产流失和公益受损的现状也需创设和构建新的检察机关参与民事诉讼方式。 本文从民事检察监督的历史、现行立法以及目前检察机关采取监督方式和监督范围出发，介绍民事检察监督的来龙去脉，分析检察机关参与民事检察监督的问题，给大家提示了改善方向，从而为改革和完善进行更为理性的思考。

In order to enrich the theory of taxation law and establishing and improving the independent taxation law system, scholars of Japanese taxation law have been researching from various angles of theories of tax laws, including a new way that is from the point “on the Relationship between taxation law and private law” to examine and observe the relationship between taxation law and other departments in the law system. The theory of “On the Relationship between tax law and private law” have originated in Germany, and to have been inherited and developed and been enriched further in jurisprudence in Japan. As the “Unified theory”that is one of opinion in the theory of “Relationship between tax law and private law” is built on the base of the theory of “rule of law”, and its core content is to emphasize the unity of the whole legal order and legal stability and predictability in their own, so it is widely recognized in the Japanese theoretical study on taxation law. The “unified theory” as a theoretical basis for us to rethink the relationship between the taxation law and other legal subjects, and the reform of tax system has a positive reference value.

This thesis focus on the exercise legislative competence of legislative authorities and legal problems in legislative procedures of the People’s Republic of China. Especially in the exercise of legislative competence, this paper review the role and function of the NPC(National People’s Congress) and SCNPC(Standing Committee of National People’s Congress), in this process, it will concludes other legislative authorities’ competence and function. That is not only conclude the NPC and SCNPC, but also the scope expand to the State Council, each People’s Congress, and Special Economic Zone. The legislative power is one of the most important competence of the State legislative authorities. According to the Constitution and the Legislative Law, in principle, the NPC and SCNPC exclusively exercise the power of legislation. In legislative procedures, NPC presidium and SCNPC chairman meeting play central role. Actually the State Council and its component ministries and commissions are the potent force in China’s legislation. Actually, Legislative principles of the Constitution and Legislative Law are very important and plays central role. But In generally, Constitution is characterized by generality and flexibility or skeletal. And even though the Legislative Law provides some exclusive articles about legislative competence, in many case, because of the NPC and SCNPC laws are skeletal, there exist large room for interpretation and clarification by administrative regulations and ministerial rules. In that result, the State Council exercise most of the legislative competence; National People’s Congress(NPC) legislative competence, eventually, there exist a dangerous that local rules or local regulations replace the NPC and SCNPC laws.

The current international legal situation presents great difficulties for China to recover its enormous amount of cultural Relics lost to foreign countries for various reasons in history. Pragmatic means to recover those relics make effective use of present international conventions and actively lead the establishment of new international rules. As an important source nation, China lost innumerable and valuable cultural treasures in history. More troubling is the fact that illicit movement of China cultural property is increasing rapidly nowadays. Therefore, it is necessary to explore how to recover illegally removed cultural property in history and nowadays in order to make lost cultural and national treasures back home as soon as possible. For China to recovery lost cultural property, measures to be taken mainly include international litigation, multilateral cooperation, bilateral agreement, buying-back or gift. Though each strategy has its own advantages, disadvantages inevitably exist.