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          중국의 固體廢物汚染放置法

          노청석,최동일 한국환경법학회 2004 環境法 硏究 Vol.26 No.3

          This is a study on the Act on the Control of Solid Wastes of China. An outlines of this study is as follows : China is called as ‘factory of the world' lately due to economy development which is caused by reform and opening policy, practical economy policy. In economy development process, China government is getting into trouble about the control of solid wastes. Developing Cities yield refuses of life, industrial wastes, dangerous wastes. Its disposal is connected directly with cities' survival. In order to solve this problem, Government have established 'Act on the Control of Solid Wastes' which is fundamental Act on solid wastes disposal in 1995, and 'Interim regulation on the Environment Protection Control of Waste Import', 'Regulation on the Control of Medical Waste', 'Measures on the Control of City's Radiation', 'Act on the Control of Radiation Pollution', 'Measures on the Control of Medical Instrument and Waste' and so on. These statutory laws adopted 'reclamation' as a main disposal means, but will adopt 'incineration' in future. And special provisions have been established for dangerous wastes and radiation wastes. Government will expand investment in this part. But most important policy is prior protection. We must make an effort to reduce a waste and recycle for sound and sustainable development.

        • KCI등재후보

          中國의 審判監督節次의 問題와 發展趨勢

          노청석 한중법학회 2008 中國法硏究 Vol.10 No.-

          Procedure for trial supervision is the procedure of retrial of the cases that has been judged, ruled or mediated and put on trail by the People's Court. It is a special trial supervision procedure. In addition to a small number of retrials proposed by procuratorial organs and superior courts or this court, most cases of trial supervision are for the retrials applied by the parties, therefore, it includes two procedures : rechecking procedure of application for civil retial and trial procedure. In judicial practice, the simplicity and imperfection of the procedural law in China resulted in the vacuum of legislative for retrial procedure, which leads the blind spots in the review procedure. The problems on the proceeding and operation of retrial, also lead to the difficulty of application for retrial and low efficiency for review on one hand, and embarrassing situation of unlimited retrial on the other hand. As a result, the authority of the courts' judgments, the solemnity of the law are weakened.The procedure for trial supervision in new Civil Procedure Law was revised mainly in four aspects: clarify the application for retrial to the superior courts; further make concrete analysis on retrial causes; explicitly stipulate the review procedure and time limit of retrial; and prolong the time limit of special retrial cases for applications. This amendment is an appropriate way to solve the problem on the difficulty of application, and laid the foundation for solving the problems on the difficulties for appeals.

        • KCI등재후보

          中國에서의 環境犯罪

          盧靑錫 한국환경법학회 2004 環境法 硏究 Vol.26 No.1

          It's few and far between that many countries in the world are interested in environment. Actually the history of human being's development are exploiting the nature and the human being also got publishment from the nature because of such development, For example, global warming, desertification, weather unusual changing and so on. China is a huge country, so the environmental pollution problems are different and complicated according to the different area. There are many environment problems happened before and also many new problems are breaking out now. But the protection of environment and the lawmaking were late in China. The Chinese government didn't attach great important to the environment pollution in 1970', even they established the criminal law in 1979, the contacts of environment crime were very feeble. With the development of economy, the environmental problem were getting more serious, even many illegal acts happened. but there were no criminal regulations to control, instead they used the executive regulations. Later the environmental lawmaking developed and some criminal regulations were made. For example, ≪the environmental protection law≫, ≪Wild animals protection law≫, ≪the mining resources law≫ etc. But most of the criminal clauses are abstractly and actually the performance are very difficult after all. In the middle of 1980', some scholars proposed to strengthen the environmental criminal lawmaking, that was to add technical articles about environment crime to criminal law. After 1990, the Chinese government brought in the market economy system. In the cause of only pursuing the economical profits and ignoring the protection of environment, the environment pollution were getting more serious and also brought a heavy loss to the property. To provide against such a problem, the government called many experts to researched in the subject of environmental crime and many scholars of the judical world also published many thesis and books on such a subject. Finally, the government added the charge of "destruction of environmental resources protection", Even though there are only 9 clauses about the charge, the legal basis of publishing environmental crime are prepared in China. Even China have established technical clause about environmental crime in Criminal law, it is the first practise after all and also they haven't covered a wide range. So China should fill up the shortages of establishing environmental crime regulation continually.

        • KCI등재
        • KCI등재

          中國物權法制定과 土地登記의 發展趨勢

          盧靑錫 東國大學校 比較法文化硏究所 2007 比較法硏究 Vol.8 No.1

          The People's Republic of China mainly resorts to a socialist public ownership. Land ownership only consists of ownership by the whole people and ownerships bycollectives, not including individual ownerships or private ownerships, accordingto the Constitution. The purpose of land registration is to protect interest of everyone owning land rights, that is the interests of land holder, land user and others owningother rights of land, therefore, China has formulated the correspondinglaws and regulations. For example, the regulations on land ownership in Constitution, the regulations on land in Civil Law and Guarantee Law, Land Administration law, Implementation Regulations of Land Administration law, Law on Management of Urban RealEstate, the Rules of Land registration, Interim Provisions Regarding the disposition of dispute of land rights and so on. Land registration refers to that the Stateshall register to State-owned land ownership, ownerships by collectives, the rights to use the land of collectives and other land rights. Land registration is composed of initial registration and alteration registration. The initial registrationis also called general registration, that is, the universal registration to whole land or special land under management; alteration registration refers to other registrations but initial registration, including the registration to certify land ownership, right of use of land, and other land rights, the alteration registration of land ownership, right of use of land and other land rights, the registration to change names, address and usages of land, the registration to nullify and so on. The ownership ,use right of land and other land rights registered according to law shall be protected by law and no unit or individual is eligible to infringe upon it. The land not registered, shall not be allowed to transfer, let and mortgage. The State practice inquiry rules of land registration information, and land registration information may be open to inquiry with a view to making inquiry standardized, ensuring safety of land trade, and safeguarding lawful rights. At the same time, the State introduces agent system of land registration to allow agent to tackle relevant businesses.

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          중국의 토지등기제도

          노청석(盧靑錫) 한국토지법학회 2006 土地法學 Vol.- No.22

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