애스크로AIPublic Preview
← 학술논문 검색
학술논문법학논총2011.12 발행KCI 피인용 6

中國法의 特質과 接近方法 -韓國 로스쿨生들을 위한 講論-

Features and Approaches to China Law -A Sermon for Korean Law School Students-

오일환(중국 정법대학)

28권 4호, 185~204쪽

초록

As China is becoming one of G2 countries together with the establishment of its socialist legal system, it is more necessary of a legal framework approach to the China studies than ever. Therefore to have a deep understanding and full knowledge of China Law will take great effects on the China studies nowadays, that is the best point of time to devote oneself to studies on the legal regime of China as well. For this reason, it is considered to be extremely important to improve the level of China Law studies in Korea by an effective way that could reflect the distinguishing feature and structures of China Law. In this article, the characteristics of China Law are to be illustrated, including its rapid variability, factors related to the coexistence of socialism and the market mechanism,complicated sources of law, low effectiveness of law, and its continental legal system being added with some elements of Anglo-American legal system. Also the scheme of China Law currently in effect is to explained, divided into the Constitutional Law, Administrative Law,Civil Law, Commercial Law, Economic Law, Criminal Law, Procedure Law, Labor Law and Social Law, Environmental Law meanwhile some effective approach to China Law is to be introduced thereof. On the other side, quite a few law schools in Korea have already opened foreign or international regional law lectures today including China Laws. However the fact is that most of them are scheduled as an elective course and not such a subject in bar examinations that consequently resulted in being under full effect of its role, and even there a few China Law relative curriculum having some problem of itself. Nevertheless, as time has stepped into stage of all-round cooperative relationship between China and South Korea and the era of full-scale economic cooperation in East Asia, more and more law school students in Korean are turning their attention to China Law, and they expect to gain a foothold for their dream of becoming professionist at China Law on the basis on a proper understanding about China Law.

Abstract

As China is becoming one of G2 countries together with the establishment of its socialist legal system, it is more necessary of a legal framework approach to the China studies than ever. Therefore to have a deep understanding and full knowledge of China Law will take great effects on the China studies nowadays, that is the best point of time to devote oneself to studies on the legal regime of China as well. For this reason, it is considered to be extremely important to improve the level of China Law studies in Korea by an effective way that could reflect the distinguishing feature and structures of China Law. In this article, the characteristics of China Law are to be illustrated, including its rapid variability, factors related to the coexistence of socialism and the market mechanism,complicated sources of law, low effectiveness of law, and its continental legal system being added with some elements of Anglo-American legal system. Also the scheme of China Law currently in effect is to explained, divided into the Constitutional Law, Administrative Law,Civil Law, Commercial Law, Economic Law, Criminal Law, Procedure Law, Labor Law and Social Law, Environmental Law meanwhile some effective approach to China Law is to be introduced thereof. On the other side, quite a few law schools in Korea have already opened foreign or international regional law lectures today including China Laws. However the fact is that most of them are scheduled as an elective course and not such a subject in bar examinations that consequently resulted in being under full effect of its role, and even there a few China Law relative curriculum having some problem of itself. Nevertheless, as time has stepped into stage of all-round cooperative relationship between China and South Korea and the era of full-scale economic cooperation in East Asia, more and more law school students in Korean are turning their attention to China Law, and they expect to gain a foothold for their dream of becoming professionist at China Law on the basis on a proper understanding about China Law.

발행기관:
법학연구소
분류:
법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
中國法의 特質과 接近方法 -韓國 로스쿨生들을 위한 講論- | 법학논총 2011 | AskLaw | 애스크로 AI