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According to the Federal Bureau of Investigation, the number of juveniles who committed murder, forcible rape, robbery, and aggravated assault increased ninety-nine percent in the past decade. In response, society has demanded, and states have responded with, tougher treatment of juveniles-- a trend that is contrary to the original purpose of the juvenile court. This Article examines the history of the juvenile court, recent cases to illustrate the methods by which juveniles are transferred to adult court, the juvenile justice system in the light of criminal policy in US. In the same token, incidents of juvenile crime are not declining in our country. First of all, I think that A three-tier system, creating a hybrid Youth Offender System is a middle tier to overcome our surrounding problems.

Net neutrality is a principle that advocates no restrictions by ISP and governments on consumers' access to networks that participate in the Internet. Net Neutrality means no discrimination. The free and open internet brings with it the revolutionary possibility that any Internet site could have the reach of a TV or radio station. The loss of Net Neutrality would end this unparalleled opportunity for freedom of expression. Net neutrality protections minimized control by the network owners, maximized competition and invited outsiders in to innovate. Net neutrality guaranteed a free and competitive market for Internet contents. Neutrality proponents claim that telecom companies seek to impose a tiered service model in order to control the pipeline and thereby remove competition, create artificial scarcity. Many believe net neutrality to be primarily important as a preservation of current freedoms. Opponents of net neutrality claim that broadband service providers have no plans to block content or degrade network performance. Despite this claim there has been a case where an ISP, intentionally slowed P2P communications. Still other companies have acted in contrast to these assertions of hands-off behavior and have begun to use deep packet inspection to discriminate against P2P, FTP, and online games, instituting a cell-phone style billing system of overages, free-to-telecom "value added" services, and bundling. Critics of net neutrality also argue that data discrimination of some kinds, particularly to guarantee quality of service, is not problematic, but is actually highly desirable. Opponents of net neutrality regulation also argue that the best solution to discrimination by broadband providers is to encourage greater competition among such providers, which is currently limited in many areas. FCC argued that ISPs must not discriminate against any content or applications, and the transparency principle, which requires that ISPs disclose all their policies to customers. FCC has proposed reclassifying broadband Internet access providers under the provisions of Title 2 of the Communications act in an effort to force the providers to adhere to the same rules as telephone networks. This adjustment is meant to prevent, "unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities or services." FCC approved new rules banning cable television and telephone service providers from preventing access to competitors or certain web sites. The rules also include a more limited set of obligations for wireless providers. The rules would not keep ISPs from charging more for faster access.

It might be hard to distinguish the cause-in-fact and proximate cause, however, in our Civil Code, there is separate provision for the establishment of liability and the scope of the liability so it is fair to make such distinction. In determining the cause-in-fact, but-for test should be applied in order to withdraw the fast and clear conclusion. However, the proximate cause should not be considered as an issue related to merely causation because it is not possibile to limit the scope of liability only by the causation. Since the tort law's purpose, to distribute the liability in the fair way can be achieved when we determine the proximate cause, therefore, we should consider many factors in stead of choosing one doctrine. In this aspect, Principle of European Tort Law provides interesting standards on the causation theory.

Upon Military administration of justice process, 'Convening authority's conforming' is tool for achieving pertinence of sentence, because sentence in military justice is stronger than sentence in common law and there's limit to reduce amount of sentence in court martial. Basic purpose of recognizing conforming is to make commander exhibit maximum combat power, administrate unit effectively and protect right of military personnel through reducing sentence when penalty is too hard. However, In actual case, Convening authority's conforming restraints independence of court martial and invade the right of military personnel. That is, Convening authority's conforming which reduces the sentence of court martial additionally by each unit's commander doesn't have appropriate standard, so commander use conforming as his/hers own accord. Therefore, this report looks into legislation reason and application extent of 'Convening authority's system and 'Convening authority''s conforming, checks the issue and problem of this system and reviews the improvement of this system. It is not necessary to emphasize that 'Convening authority's conforming' helps establishing right of command. Especially, serious punishment in military criminal justice can be administrated flexibly through this and Convening authority system can suggest appropriate reason of the assessment of the culpability considering distinction of committing crime which occurred by special circumstance, barrack life in enlistment institution. Hence, if 'Convening authority's conforming' is operated adequately, 'Convening authority's conforming' can settle down as good system for people's safety and well-being because this system make army which people risk their life disciplined and enhance the fighting spirit of military. Nevertheless, 'Convening authority's conforming' needs to reform in order to accomplishing constitutionalism in military in practical situation such as disappearing of speciality of military, occurring of specialized crime, intensifying of violence inclination and vanishing of ethic awareness.

The contemporary society in the 21st century is often referred to as 'the age of global competitiveness'. Now even without discussing the WTO system, the era where a given region or a nation can survive with the competitive edge can survive has passed and the entire world has become one market and only the strong survives in the market. What would be the most effective way to move further towards prosperity in this 'age of global competitiveness'? The first way would be maximizing the use of all resources, both tangible and intangible to create a firm foundation. Also, focusing all energy on the area that the nation possesses the competitive edge would be the only way to survive in this competition on a worldwide scale. One of such strategic methods is M&A. In other words, in order to grow and develop the organization called a corporation or maximize its efficiency, to be in line with the globalization and to adopt the advanced technology, M&A would be necessary. Management Buyouts(MBO), which this thesis will be discussing, is a type of M&A. MBO began with banks discovering those with strong spirit of entrepreneurship and outstanding management competency to promote the rebuilding of the corporation by providing him with the funding in order to save the corporation at risk such as facing a bankruptcy. The goal of MBO is the stability and independence of management and it can be the ultimate defensive measure against the aggressive buying from the outside. Furthermore, the increasing share of the management acts as an advantage and since the current management knows the status of the business thoroughly, MBO can be advantageous in effectively working on the corporation than the restructuring of the company. The structure of MBO prevalent in U.S. and in particular, the standards of scrutiny by Delaware Courts will be examined. Also, the issue of self-dealing regarding MBO and the legal standards of scrutiny by the Delaware Courts related to MBO will be reviewed. The legal standards of scrutiny by the Delaware Court were classified by the standards such as Ⅰ. business judgment rule, Ⅱ. entire fairness standards, Ⅲ. Unocal corporation standards and Revlon Inc standards and examined. There is a difficulty in organizing MBO unitarily and the universal legal standards of scrutiny that apply to MBO do not exist. MBO, the self-dealing by the directors is based on the entire fairness standards but as the premise, whether or not the independence of the board of directors are not lost should be screened. In reality, there are not many cases where the majority of the directors participate in MBO and for many casesthey are made according to the principle of the management decisions. However, stockholders-plaintiff may bring up an issue with the independence of the board of directors and deal with the application of entire fairness standards. It is yet difficult to say that MBO market will be active in Korea as it has in U.S. and whether such transactions could be active with certainty. I think that the factors for the development of MBO market in Korea can be many. Specific regulations on M&A have not been setin Korea and when the situations arise, Korea amends the related legislations such as the Securities and Exchange Act, the laws on monopoly regulations and fair trade, commercial laws and the tax laws. However, I think MBO may be revitalized in Korea as well. It will not be too long when MBO which is still unfamiliar in Korea will be popular in Korea. For the revitalization of M&A including MBO in Korea, the roles the experts such as the private enterprise investment funding, venture capitals, investment banks, certified accountants and lawyers perform are highly important and the practical study on the given field would be required.

Piracy has threatened the benefits of all nations for a long time since human advanced the ocean. Because of that, all nations have regarded the piracy problems to be serious for a long time. As piracy has worked on the sea route of all maritime nations and threatened the political and commercial benefits of mankinds, International Law regards piracy as the universal crime and enables any piracy-arresting nation to punish him. Universal jurisdiction is an extraordinary and unique principle existing today in international law. Crimes subject to universal jurisdiction are considered crimes of all mankind. Universal jurisdiction has allowed nations the ability to punish perpetrators of the most heinous of international crimes. Universal jurisdiction has become an important yet controversial issue in international law. The rescue operation of Samho Jewelry from Somali pirates on January 22, 2011 and subsequent investigations, indictment and trial for these pirates in Korea have raised many novel issue and questions. One of the issues in this regard is the necessity to introduce a provision in the Korean Criminal Code, which pronounces the “universal jurisdiction” for the crime of piracy along with other jus cogens crimes under international law. This situation would cause unnecessary confusion and tension in the future because Korea does accept and recognize the universal jurisdiction and the universal jurisdiction is the concept that a country can exercise jurisdiction for a certain crime (such as piracy) committed by a foreigner against another foreigner in a foreign country. Futhermore, this tension is further exacerbated when it comes to certain international conventions Korea has even assumed an obligation to exercise universal jurisdiction. Regarding piracy in particular, the universal jurisdiction under the 1982 UNCLOS is permissive as opposed to mandatory. Nonetheless, when korea choose to exercise universal jurisdiction under the 1982 UNCLOS, the gap between Korea’s general recognition of universal jurisdiction and the absence of specific provisions in the Criminal Code may put Korea in a dire situation. To remedy the current situation and to introduce an effective system to combat international piracy where Korea has a lot of national interest at stake, the Criminal Code would have to be amended so as to introduce the principle of universal jurisdiction. Subsequently, specific provisions of the Criminal Code setting forth punishment of individual crimes and specific provision of various individual implementing legislations for international conventions can be amended or fine-tuned in order to establish an effective judicial system to cope with piracy.

In this paper I describe the main topics of juridical act of real rights in chinese civil law. Since Property Law of the People's Republic of China was promulgated on March 16, 2007 and came into effect from October 1 of the same year, there has been several research on this field, but are still in its early stage and as such，is only a special feature of its legislation process or general survey of its contents. This paper calls attention to the central problems as to so-called juridical act of real rights and real rights transfer system, which are the most important in the general provisions of the real rights part in the civil code. After a brief introduction, I deal with a broad question: theory of concept of the juristic act of real rights and its principles of independence and abstraction. To begin with，this theory of concept of the juristic act of real rights and its principle of independence and abstraction，which is derived primarily from Savigny and german civil law, are very controversial question of whether it can be admitted in China. Though its strength and legitimation ground，emphasizing its function of protecting safety of transaction, but the property law will finally not deny this attitude. Still the property law provides the principle of distinction between the result of property rights and its causal acts(articles 15 of the property law). More study, is needed, about its related institution, such as, unjustified enrichment and bona fide acquisition etc.

Legal claims against the government a false negative or other illegal ways that harm the interests against him lieutenant general signed by this country on its own or jointly with the Minister of Justice, cattle raising, and refund a portion of the prize, if the prevailing is a paid program. The False Claisms Act in the United States by the Qui Tam Action budgets from 1987 to 2005 nearly $ 17 billion million. In addition, effective for the prevention of illegal budgets can expect even greater effect so I will not be visible. Negatively charged over the 1986 legislative amendments have been revised since the 2009 and 2010. A powerful means of negatively charged with respect to the point once again confirmed. The False Claims Act filed by the laws called Qui tam Action. Qui tam Action to the federal government committed fraudulent acts by a person with evidence of fraud on behalf of the federal government to file a lawsuit against the actor is the system supposed to be able to claim. These regulations citizens "private attorney general (private attorneys general)" means the act has to Qui tam Aciton filed by the fact that within the public if informers often because "Whistleblower lawsuit (whistleblower lawsuit)" are also referred to as Qui tam Action examples of the types of conduct that are the subject of unfair billing cases (mischarging case), false contracts (false negotiation) or unfair pricing, (defective pricing), proof of fraud (false certification) include: Now established as a requirement of a negatively charged, such as monetary claim must exist, such as billing fraud or false claims of negligence, are provisions that must be. In addition, the court denied that claim proved to be channeled to specific needs are. The False Claims Act in the country against the government for fraud or false claims by means of a strong response is needed full discussion.

Korea Coast Guard(KCG) is the most basic and indispensable organization for South Korea with an obligation to protect sea and maintain maritime security. Moreover it is in charge of all maritime police affairs and marine pollution control tasks. Nevertheless, as the general concept of KCG's functions and organizational identity has not yet clearly defined, also KCG has been experienced many organizational change as part of governmental restructuring of South Korea. Since the establishment of KCG in 1953, it was reorganized into MMAF(Ministry of the Maritime Affairs and Fisheries) as an independent agency in 1996, [reorganized into MLTM(Ministry of Land Transport and Maritime Affairs) as an independent agency in 2011] and then its organizational foundation has failed to be built in orderly fashion and Organization Act has not been consolidated due to the irregular change in the attached ministry until a recent date, thus it is functioning as the restrictions in establishing the identity of organization, as well as demoralizing members of KCG. It also became necessary to reconsider absence of identity and instability of position, and as academia(college, policy center ect.) subsequently recognized that the current legal system(Government Organization Act Article 37 (3) : The Korea Coast Guard shall be established under the Minister of Land, Transportation and Maritime Affairs to take charge of policing at sea and the control of marine pollution) is not enough to properly respond to the basic principles for the establishment, organization, and scope of functions for the systematic and efficient performance of KCG, a need to legislate the Police Organizational Act of KCG was presented. However in the current situation where tangible achievement is not being made, examination and promotion of the Police Organizational Act suited to our KCG is being urgently required. This research, based on references from a number of research found in books or posted up on authorized web-site, focuses on our legal system as well as takes it as a supporting evidence that it examines the systematic functional similarities and differences to the legal system of a major country. Thus this research was attempted to look into institution inertia of the Police Organizational Act of KCG in our country by investigation the tendency since Government Organization Act enactment, highlight the need to legislate the Police Organization Act of KCG by presenting in detail the current status of legislation states to our country, and suggest a direction for legislative improvement by examining the major content of the Japan Coast Guard(JCG) It is expected that this research will contribute to the Police Organization Act legislation direction of Korea Coast Guard even a little.