중국의 공적개발원조(ODA) 법제 현황과 과제

China is the biggest recipient state of ODA from the Western countries, and the one that runs ODA businesses targeting the third World countries at the same time ever since it started its reforming & open-door policy. Official Development Assistance of China has been implemented since 1950. The fundamental mind and the principles of China's current ODA are established by the changes in reforming ideologies of China's leaders which followed by interchanges with each countries. Understanding China's own ODA policy and legislating is necessary in particular, because it could be a bit different from the basic ideology Western countries seek in ODA system. for the ODA chinese government ran in the beginning was based on humanitarianism so it rather focused on economic diplomacy than running policies that are relevant. Current situation of China's ODA business is being carried out by two system, administration and the aid of ODA business. The Department of the ODA in the board of Trade and its affiliated organization ‘International Economic Collaboration Executive' handle every aiding businesses. China's ODA business mainly works in following three ways: Grants, Loans for Development Work and the Two-Step Loan. There are not yet exist fundamental laws for efficient running of the ODA businesses. Instead, the relevant governments regulate the main acts of ODA by sector regulations that are composed of serial normative rules and the internal regulations, with the Laws in the field of Use of ODA business funds․Managing the business and the labor force as the center. However, there exist many obstacles to maintain the policies' efficiency and safety for there are no fundamental laws legislated to regulate the regarding business or to establish the ODA policies according to ratification procedure of Chinese parliament. Therefore, the government of China ought to establish new ideology and purpose of ODA considering its various economical conditions first, and then examine the ways to institutionalize matters of efficiency of the business, construct multiple cooperative systems through international organs, build connectivities between the strategy of free aid and the credit assistance, and to cooperate with the civil society in national level. It also needs to set relevant policies and push ahead with legislating the fundamental laws of foreign aid that could regulate the above-stated efficiently to solve such problems.