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About the possibility of regional integration, we need a sort of optimistic realism. We should pursue cooperation and integration together with the final goal of integration. About the question of whether the region should be East Asia or Northeast Asia, it may be argued that security cooperation focuses on NEA while economic integration focuses on EA. Northeast Asia matters due to shares in significance and urgency. About the question of which country could be the major actor inthe regional integration among Japan or China, the US, it may be emphasized that the US should play a role of catalyst for regional integration. About the question of which field or sector should lead the regional integration among economy, security or civil society, while economy is going well, the security problem or crisis could play a determining role for regional cooperation. We need a Bold, Comprehensive & Creative (BCC) Approach especially by academics and civil society like NGO. We have two levels of tasks. In the level of theory, we need to work on future research agendas such as family studies focusing on Asian Value Study, a study on "Federalism" for the long term goal of regional integration, basic studies for "Regionology" & "Asianism" in NEA and finally research on models for regional integration in NE including regional integration index studies. In the level of practice (policy suggestions), there could be three stages. In the 1st stage of policy options, building up an epistemological community could be the target, for instance, by means of consolidation of NGO (NAIS) Movement and establishment of education institutions like ‘Leaders Academy of Northeast Asian Community (LANACO)’ benchmarking "European University Institute" & The Robert Schuman Center for Advanced Studies (RSCAS)" Also, "in the goal of bridging the cultural and historical gaps between nations, it would be useful to organize large scale programs of exchange of students between China, Japan and South Korea, in the spirit of the European Erasmus program. As mentioned above, such programs are very useful in creating bonds between the future elites of countries. Students will have to speak a common language so the question of the lingua franca is raised. Similarly, universities must decide whether they want to offer courses in other languages than their own. The initial success of the Erasmus program in Europe for example has led many universities to expand the number of courses taught in English because that is the lingua franca between students. In Holland, there has even been the decision to generally switch from Dutch to English in university lectures." In the 2nd Stage of policy options, solution of crisis & trust building could be a target by means of an international program "Northeast Asia Energy Community" including solution of North Korean Nuclear Issues, which could be based on the study of ‘Northeast Asia Development & Transition Belt Project’ in order to integrate not only NK but also relatively less developed sub-regions including Russian Far-East and China’s North-East Provinces into the more developed areas. In the 3rd Stage of policy options, we may pursue a formal institution building like establishment of ‘Conference on Security Cooperation in Northeast Asia (CSCNA)’ based on 6 Party Talkwhich is NA version of CSCE (Conference on Security and Cooperation In Europe, 1975) or OSCE (Organization for Security and Cooperation In Europe, 1994) and establishment of ‘East Asian Economic Community’ which is institutionalization of APT.

作为国家经济干预的重要手段, 经济行政即能促进现代市场经济发展, 又能协调并且确保各项社会事业的全面进步, 所以采取措施确保经济行政的合法与有效, 具有十分重要的现实意义。在中国的社会主义市场经济制度中, 经济行政由于受现行政治体制、行政体制以及社会主义公有制等多种因素的综合影响, 具有了作用范围的广泛性、作用方式的随意性以及不同层级经济行政职权的交叉与重叠等特征, 所以在中国的社会主义市场经济制度中, 对经济行政的实际运作实行有效的法律控制, 具有特别重要的理论与现实意义。 自20世纪90年代以来, 随着社会主义市场经济体制的逐步确立以及社会主义法制建设, 特别是社会主义经济法制建设的不断发展, 中国已初步确立了可以对经济行政实行法律控制的基本法律框架。就中国经济行政法律控制的基本框架而言,目前主要有：一是把“中华人民共和国立法法”实施作为核心内容的立法控制系统；二是把专门行政监督机关的监督、行政程序监督与行政复议监督, 作为主要控制手段的行政内部控制系统；三是把“中华人民共和国行政诉讼法”实施, 作为具体控制手段的司法控制系统。 在中国的社会主义市场经济制度中, 由于社会主义经济法制建设的相对滞后, 经济行政的法律控制仍有许多亟待解决实际问题。所以中国应根据社会主义市场经济体制的现实状况以及社会主义法制建设的实际, 进一步强化经济行政的法律控制, 以确保经济行政不违背以价值规律为核心的各种市场经济规律, 不危及市场机制的调节在资源配置中的基础地位；确保经济行政不侵犯经济主体的法定权利与自由；确保经济行政不违背WTO的原则与法律所确立的自由与开放原则；确保经济行政遵循由法律或法规确定的具体行为方式与程序。

随着社会的不断发展, 婚姻制度在社会生活与法制领域的地位越来越重要。中国和朝鲜都是社会主义国家。共同的社会制度和相似的文化传统, 使得婚姻法律制度具有不少的共性。但是, 由于社会历史、经济发展水平、民族传统、伦理观念、风俗习惯等多方面的原因, 导致了婚姻制度方面的许多差异。 论文由五个部分组成： 论文的第一部分是绪论。主要叙述了本文的研究意义、方法与范围。 论文的第二部分是中朝两国婚姻制度的制定和发展。中朝两国的婚姻制度主要体现在《中华人民共和国婚姻法》与《朝鲜民主主义人民共和国家族法》。中国于1950年和1980年先后两次颁布了《婚姻法》, 于2001年4月28日对现行的婚姻法进行了全面的修订。朝鲜于1990年10月24日通过了《家族法》, 并于1993年 与2004年进行了两次修正。 论文的第三部分是中朝两国结婚制度的比较。在结婚实质要件方面, 具有自由婚姻、达到法定婚龄、禁止重婚、禁止一定范围的亲属结婚等共性的同时, 存在一些差异。如, 中国的结婚年龄为男22岁、女20岁, 而朝鲜的结婚年龄为男18岁、女17岁, 相比之下中国的结婚年龄明显高于朝鲜。禁止结婚的亲属方面, 中国禁止直系血亲和三代以内的旁系血亲结婚, 没有禁止姻亲结婚方面的规定。而朝鲜禁止8寸以内的血亲和4寸以内的姻亲结婚。相比之下, 朝鲜的禁婚亲范围比中国严格。在结婚的形式要件方面, 两国都规定有关部门的登记为结婚的唯一形式要件。至于登记机关, 中国是民政部门, 而朝鲜是身份登记机关。在结婚的效果方面, 中国规定了结婚无效制度和可撤消制度, 而朝鲜只规定了结婚的无效制度。 论文的第四部分是中朝两国离婚制度的比较。在离婚关系上, 中朝两国均规定了离婚的理由与条件, 规定无法维持婚姻关系为离婚的主要理由。另外, 两国都规定可以通过诉讼程序解决离婚问题。但两国在离婚制度上的差异是比较明显的。在离婚的理由方面, 中国婚姻法, 在感情确已破裂的概括性离婚理由的前提下, 又规定, 重婚或有配偶者与他人同居的；实施家庭暴力或虐待、遗弃家庭成员的；有赌博、吸毒等恶习屡教不改的；因感情不和分居满两年的；其他导致夫妻感情破裂的情形等五种具体的离婚理由。而朝鲜家族法规定, 无法维持婚姻关系为离婚的唯一理由。在离婚的程序方面, 中国并用登记离婚和诉讼离婚两种方式, 而朝鲜只允许通过诉讼程序解决离婚问题。另外, 中国婚姻法还规定了, 离婚时的经济帮助、经济补偿、损害赔偿和父母的探望权。 论文的第五部分是结论。在终结全文的基础上, 探讨了以后的研究课题。

中国是一个具有众多少数民族的多民族国家, 少数民族对中国的社会发展起了非常重要的作用, 少数民族特有的民族特征以及历史、经济、人文和地域等环境, 对中国的法制建设也产生了重大的影响。中国的诉讼制度一方面体现了对少数民族诉讼权利的特殊保障, 另一方面诉讼制度也深刻地影响了少数民族地区人民法院和当事人的诉讼活动。使少数民族地区的诉讼活动, 具有鲜明的民族特色。 本文的正文由4个部分构成： 论文的第一部分是中国诉讼制度的概述。1949年中华人民共和国的建立, 使中国的法制建设和诉讼制度进入了一个新的历史时期。1950年7月, 公布了《中华人民共和国人民法庭组织通则》。 1954年9月, 颁布了《中华人民共和国人民法院组织法》和《中华人民共和国人民检察院组织法》。中国的诉讼制度, 主要体现在1979年颁布, 1996年修正的《中华人民共和国刑事诉讼法》、1991年颁布的《中华人民共和国民事诉讼法》和1989年颁布的《中华人民共和国行政诉讼法》。 论文的第二部分是对少数民族诉权的法律保障问题。中国对少数民族诉权的法律保障体在三个方面。第一, 宪法及其他宪法性文件对少数民族诉权的保障, 起根本性的作用。“中华人民共和国的各民族一律平等。国家保障各少数民族的合法权利和利益, 维护和发展各民族的平等、团结、互助关系。禁止对任何民族的歧视和压迫。”这是各少数民族在国家和社会生活中享有平等地位的宪法保障。第二, 《民族区域自治法》和民族自治地方立法权限对少数民族诉权的保障起重要作用。《中华人民共和国民族区域自治法》的规定, “民族自治地方的人民法院和人民检察院的领导或工作人员中, 应当有实行区域自治的民族的人员”。“应当用当地通用的语言审理和检察案件。”第三, 三大诉讼法对少数民族诉权的保障起基础作用。 论文的第三部分是保障少数民族诉讼权利的现状问题。少数民族地区的人文地域环境影响诉讼当事人、人民法院的司法环境与司法活动。民族地区的诉讼活动也具有非法越境犯罪、劳务出口引起的纠纷增多等边境特色；使用本民族语言的语言特色；案件结案率高、调解撤案率高、办案周期短的特征。 论文的第四部分, 在分析少数民族诉讼权利的保障过程中存在的问题的同时提出了解决问题的对策。针对少数民族群众自身法律意识较差；地区之间司法活动不均衡；民族语言的使用对诉讼权利保障, 产生消极影响等问题, 提出了充分尊重少数民族的风俗习惯, 因地因民族变通法律规定；进一步落实诉讼法的贯彻实施；加强保护少数民族特殊权益的立法；强化少数民族司法队伍的建设的措施。 总之, 在少数民族诉讼权利的保障中, 虽然存在不少问题, 但随着中国少数民族政策的完善, 国家也会越来越重视少数民族诉讼权利的保障问题。中国诉讼制度的不断完善也将对保护少数民族诉讼权利提供有利的法律支持。

The Securities Class Action Act, which is from American Securities Class Action has had effect since Jan. 1. 2005. with the cons and pros with the legal purpose of the compensation for damage of unspecified multitude and the transparency of company management, but no action has been sued yet. Even though the Securities Class Action is sued by part of the victims under stock transaction, the rules in the Securities Class Action affect the persons who have not participated in the action, so that the compensation for damage of those who don't take part in the action can be easy but, if abused, it may disturb the rights of companies and those who don't take part in the action. Therefore, there are two problems of the activation and the prevention of abuse of the system. Unlike general civil actions, there are many related parties, no clear declaration of intention between the two kind of plaintiffs, those who take part in the action and those who don't(potential plaintiff), and may be serious problems when the action is finished with the settlement. In this study, therefore, the ways to activate the Securities Class Action and prevent abusing it are shown with the recognition that parties and related persons who operate the system play a very important part. To stabilize this new Securities Class Action properly and effectively, not only representative parties but also the plaintiffs including lawyers, those who don't take part in the action, and institutional investors, the defendants including companies, directors and auditors, and the related persons including courts, governmental organizations and civil groups should play an appropriate role. Persons who don't take part in the action but are influenced from the rule need to be protected and three sided and balanced structure is needed for the plaintiff, the defendant and the related persons The consumer class action coming into operation from January 1, 2008 has a potential problem of excessive litigation because there are many consumer institutes who are eligible for bringing this action. In this regard, in order for being utilized as a public litigation, it needs some practical ways to cut down the litigation costs and make up for the insurance system.

Korean Criminal Procedure Act has amended fifteen times since enacted in 1954. 9 but it preserved its fundamental forms. As a result, Korean criminal procedural system has been estimated it did not come up to the developed countries' level. However, through the critical amendment of Criminal Procedure Act in 2007, it strengthens the control measures against exigent arrest by expressly stipulating the "ask the arrest warranty without unnecessary delay provision" in the act. Furthermore, it provides the mandatory recording of investigation, introduction of evidence disclosure system and reduction of exceptional provisions of hearsay rule to promote due process of search procedure. With this effort, this paper assures that this amendment makes the criminal procedure to improve efficiency as well as guarantee human rights and due process.

몽골의 법제도는 몽골제국의 몰락이후로 계속되는 외국의 지배하에 놓이게 되어 독립 후에도 몽골법 자체의 역사적 전통을 상실하였다. 그럼에도 불구하여 몽골법의 역사적 발전은 크게 세단계의 발전과정을 보이고 있다. 첫 번째 단계로서, 몽골의 법제도의 형성시기로서 그 기원은 몽골제국이 세계의 절반을 지배했던 징기스칸시대로 거슬러 올라간다. Zasag 법으로 불리는 이시기에는 최초로 성문화된 법이 입안되었고 채택된 시기이다. 두 번째 단계는 Mongolian-Oirat Law, Khalkh Juram law 등 여러 법들이 명령(Order)에 의해 통합되는 16세기부터 19세기까지의 시기이다. 세 번째 단계는 현대적 법제도의 형성과 발전의 시기이다. 이 시기는 사회주의적 법제도의 성립 위에 산업자본주의의 이식을 시도한 시기로서의 법제도라는 특징을 가진다.

China's antimonopoly legislation always receives the widespread attention, the administrative monopoly is one of most controversial questions in the Chinese antimonopoly legislation process. The paper unifies "Antimonopoly law (Draft)" which is in the process of consideration in China, carries on the discussion to related questions of administrative monopoly in the antimonopoly legislation. The paper reviews the legislation advancement of the Chinese antimonopoly law, introduces the antimonopoly law legislation present situation, and carries on the discussion to the administrative monopoly concept, characteristics, condition, harms and causes of formation. Then analyzes how the China existing law and "Antimonopoly law (Draft)" regulate administrative monopoly, discovers the problems and proposes the solution countermeasures.

Chinese government took a passive attitude toword the mergers and acquisition by foreign capital until 1999. But it began to allow foreign capital to merge Chinese enterprise for capital requirements of economic growth, reformation of national enterprises and reconstruction of industry. Now M&A became a main means for foreign capital to move in China. Under such a condition, Chinese government takes three important matters into account. The first problem is the monopolization of domestic industry through the mergers aㄴnd acquisition by foreign capital, the second is that foreign capital controlls key industries of China, the third is that intangible assets may be transferred to foreign investors without a suitable appraisement. Chinese government exerts himself to make up for a multinational M&A system now. 'The List of Industry for Foreign Investors' that is enforced from 2002 is the rule which limits Chinese enterprise for foreign investors to merge. 'The Rules about the Mergers and Acquisition by Foreign Investor' that is enforced from 2006 is summarising the rules for M&A by foreign investors. This rule enacts a provision that has foreign investors who want to merge Chinese enterprise assign a domestic consulting institution to consultant and use the results of its consulting as the price of M&A. So Chinese government is coping with the problem of property being swept. 'The Antitrust Law of China' that may be distributed sooner or later means that China completes the system to restrict the monopolization that foreign investors cause through M&A.

There has been recently made a reform in Japanese Juvenile Law. Apparently, it seems to be a partly change, but there are lots of significant changes in the contents of the law. In consequence, the amendment of Japanese Juvenile Law turns out that it reduces child welfare part and strengthens punishment section. The characteristics presented in the Amendment of Japanese Juvenile Law are as follows: 1. The First Amendment of the Juvenile Law in 2000 1) Strengthening of punishment range in age 2) Extension of period of detention and shelter care 3) Limited permission of prosecutor's admission to the Juvenile courtroom 4) New provision established on consideration for victims 2. The Second Amendment of the Juvenile Law in 2007 1) Empowered police with investigation for Shokuho juvenile 2) Compulsive sending to Family Court for some Shokuho juvenile 3) Age down of juvenile who can go to Juvenile Reformatory 4) New provision established on allowance sending to Juvenile Reformatory on some juvenile under the probationary supervision 5) New provision made on Public Attendant System

The current North Korean commercial law has lots of ambiguities in its scope and limitations, nonetheless, this study aims at not only broadening and deepening the width and depth of mutual understanding about the legal system of the North Korean commercial Law, but also giving green light to the desirable orientation of a unified Korean commercial system in the future. In order to facilitate the understanding of North Korean legal institution, this study provides an opportunity to glance at a general explanation on the socialist commercial conceptions such as socialist supply of commodity, socialist price system, and et cetera. This study tries to catch any characteristics of the so-called Socialist Commercial Law of the North Korea, after searching and understanding the peculiar status and conspicuous figure of North Korean legal system. The author has a strong mind that the study of comparing the commercial system between the North and the South should be focused on enhancing the understanding of the North Korean legal institutions and legal system. In order to achieve this purpose, the first step should be to minimize any possibilities of unnecessary misunderstanding about the North Korean Law by recognizing correctly the current North Korean legal systems and legal orders. This could be a short-cut way to reach at the right judgment on the North Korean legal system in the end. As for the North Korea, it should accept the basic notions of market economy which was proved by the history itself, freedom of corporate activities, system of private ownership, and the constitutionalism, and so on. With a view of preventing a Unified Korea from being confronted with the so-called the status of legal vacuum after its unification, the author makes a proposal for fostering in advance nation-wide discussions and broad research, as one of national agenda in the future direction of a Unified Korean Commercial Law.

The history of human civilization can be defined as an evolutional process which requires man to have social and moral responsibility to the individuals with disabilities. The basis of recognition to the social and moral responsibility evolves from social paternalism to respect for individual dignity, personal responsibility, self and pursuit of meaningful careers of individuals with disabilities. Though the number of people with disabilities is increasing, our recognition has reached just mercy and concern level. Futhermore, many legislations related with the handicapped are not properly made out such as some abstract and restrictive provisions of anti-discrimination, lack of sanction provisions against and remedies from the discriminative act. Fortunately, through enacting "The Act of Prohibition of Discrimination and Remedy for People with Disabilities", we have new opportunity to protect human rights of people with disabilities from many kinds of discrimination. This paper examines the meaning and legislative process of this act, and then studies about main provisions of this act.