中国毒品犯罪防控机制的探究

金美兰,赵雪燕 한중법학회 2019 中國法硏究 Vol.39 No.-

독품(毒品, narcotics, 모르핀, 코가인, 마약 따위의 독물총칭, 한국에서 득극 물로 칭하기도 함) 범죄는 개인, 가족, 사회에 심각한 해악을 끼친다. 개인, 가 정에 피해를 입힐 뿐 아니라 동시에 사회질서를 어지럽히고, 안정적으로 통합 되는 사회이미지를 파괴하며, 국가의 정치경제적 안보에 위협을 줄 수 있다. 독품범죄는 오늘날 세계가 직면하고 있는 심각한 사회 문제로, 그 재앙을 피할 수 있는 나라가 거의 없으며, 독품 남용과 그로 인한 위해성은 이미 중대한 문 제가 되어, 이로 인해 파생된 대량 범죄도 사회의 안정에 충격을 주고 있다. 독품범죄 문제에 대한 사회적 관심이 높아지면서 독품 범죄를 통제하는 체 제의 중요성도 자연스럽게 부각되고 있다. 중국 독품범죄의 형세가 매우 심각 하여, 중국의 독품 범죄예방체제도 새로운 도전에 직면하고 있다. 효과적인 예 방통제 방법을 찾는 것이 독품 관리의 최우선 과제이다. 본문은 중국 독품범죄 예방체제의 금독법률체제, 금독조직과 예방체제, 마약을 끊는 작업, 국제협력 등 분야의 연구를 통해 현재 중국 독품범죄 예방체제 존재한 문제점에 대해 분석하며 상응한 보완건의를 제시하고자 한다. Drug crimes have extremely serious harm to individuals, families and society. Drug crimes cause irreparable harm to individuals and families as well as disrupts social order, undermines social stability and unity, posing a threat to the political and economic security of the country. Being a serious social problem worldwide, almost no country or region can avoid the scourge caused by drug crimes. Drug abuse and the resulting harm have long been a major problem and the crimes derived from it have also affected the stability of society. The importance of the mechanism for controlling drug crimes has been highlighted naturally with the great concern on it. At present, the situation of drug crimes in China is very serious and the preventing and controlling mechanism is facing new challenges. It is the primary problem facing drug governance to find a set of effective preventing and controlling measures. This paper analyzes the problems existing in current China’s drug crime preventing and controlling mechanism and then proposes corresponding perfecting suggestion through the research on the anti-drug legal system, anti-drug organization and preventing mechanism, drug rehabilitation work and International cooperation of China’s drug crime preventing and controlling mechanism.

浅论延边地区毒品犯罪防控对策的问题及完善

金美兰,尹浩然 전북대학교 동북아법연구소 2020 동북아법연구 Vol.13 No.3

Yanbian Korean Autonomous Prefecture is local in China, north Korea and Russia border, and there is special geographic location and complex population component. Therefore, it is an area where drug-related crimes area exchanged. Yanbian area has been taking a series of measures of prevention and control improvement of drug-related crime, and made great achievements. But, a number of measures are lack of some effectively implementary methods. So there are some issues at the phase of prevention and control of drug-related crimes. On this premise, on the basis of understanding the current situation of drug crime prevention and control in Yanbian area, this paper analyzes the existing problems, and through studying and referring to the countermeasures of drug crime prevention and control in Guizhou and Yunnan, Based on the specific problems existing in Yanbian Korean autonomous prefecture, this paper puts forward some specific suggestions, such as the establishment of local legislation, the strengthening of cooperation among the governments, the introduction of modern information technology for unified management, and the improvement of anti-drug publicity and ect. 延边朝鲜族自治州地处中朝俄三国交界地带,地理位置特殊,人口成分复杂。因此,这里也成为了毒品犯罪往来活动的地区。延边地区在毒品犯罪防控中采取了一系列对策,取得了较大的成效。但是,目前防控对策缺乏行之有效的具体实施方法,使得毒品犯罪防控的各个阶段仍然存在问题。在这种前提下,本文在了解延边地区毒品犯罪防控现状的基础上,分析其存在的问题,并通过研究和参考贵州和云南地区的毒品犯罪防控对策,就延边朝鲜族自治州当前存在的具体问题提出了建立地方毒品犯罪防控立法,加强各防控主体之间的协作,引进现代化信息技术统一管理,完善禁毒宣传工作等具体的完善建议。

浅论中国小额诉讼制度的完善

金美兰 전북대학교 동북아법연구소 2018 동북아법연구 Vol.12 No.1

Under the background of economy developing rapidly and the adjustment of the social structure, people’s legal consciousness, right consciousness gradually strengthened, more and more people choose litigation to stand up for their right, and this makes the court to the rising number of cases, especially civil cases. because there are more cases and less of the judicial personnel ,a large number of cases can’t be settled in a timely manner. However, this not only makes the court pressure become more and more heavy ,but also increases the cost of the parties and is not conductive to the solution of the dispute. In the face of these problems to be solved, small claims litigation gradually comes into our field of vision. Western countries began to explore and research the small claims procedure in the early 1960s, and obtained a certain practical effect. In August 2012 ,small claims procedure formally established in our country, but the law remains to be perfect. Although some relevant judicial explanations were issued in 2015, some of its inherent problem still isn’t solved. This paper analyzes the status quo of China’s small lawsuit related legislation and judicial practice, analyzes its existing problems, and puts forward corresponding suggestions for improvement.

论中国民事诉讼文书提出义务制度之完善

金美兰,金明秀 한중법학회 2023 中國法硏究 Vol.51 No.-

The obligation of presenting documents refers to the public law obligation of the holder of documents to give orders according to the documents, and to present the specific documents held by him to assist the other party in giving evidence and the court in finding out the case. Recently, with the increasing complexity of modern new litigation, due to the gap between economic ability and social status, there is a large amount of biased evidence in practice, that is, most or key evidence is in the hands of one party, which leads to unfair trial. However, the application of the obligation put forward in the document improves the ability of the parties to collect evidence, which is of profound significance for shaping equal confrontation between the parties, solving the phenomenon of biased evidence and realizing the true concept of equality of arms. Obviously, the obligation system of presenting documents is an indispensable part of solving evidence disputes in civil proceedings. The new Provisions of the Supreme People's Court on Civil Litigation Evidence, published on December 15th, 2019 and officially implemented on May 1st, 2020, has improved the application procedures of the obligation of presenting documents that are not yet clear in the Interpretation of the Supreme People's Court on the Application of People's Republic of China (PRC) Civil Litigation Law, which came into effect on February 4th, 2015, and provided a path choice for the parties' evidence collection methods. This paper studies the current legislative and judicial situation of the obligation system proposed by China instruments, analyzes its existing problems, and puts forward corresponding suggestions for improvement. Suggestions include: firstly, we should add the system of filing obligation in the Civil Procedure Law and expand the subject scope of filing obligation, so as to fundamentally solve the problem that the subject scope is limited to both parties and the protection of private rights cannot be extended. Secondly, it is necessary to set up a specific obligation mitigation standard to protect the interests of applicants under special conditions and improve the application rate of the system. Thirdly, the secret document protection procedure should be established, and the document rejection right of the document holder and the secret trial procedure of the document holder should be expressly stipulated to prevent the disclosure of the holder's secret. Finally, the relief procedure after court review should be set up to protect the relief rights of the parties and provide them with a good legal environment.

우암(尤庵) 송시열(宋時烈)의 병자호란제재 전기문학연구

金美兰 한중인문학회 2018 한중인문학연구 Vol.59 No.-

‘숭명배청’ 사상과 효종의 북벌론을 적극 주장했던 우암(尤庵) 송시열(宋時烈)이 살다간 17세기 무렵은 조선이 임진․정묘⋅병자호란을 치른 혼란한 시기였다. 병자호란을 제재로 한 전기문학에는 송시열이 집전한 <삼학사전(三學士傳)>․<민용암성전(閔龍巖垶傳)>이 가장 대표적이라 할 수 있는데 이 작품의 주인공들은 각각 병자호란의 척화(斥和)의 책임을 물어 죽게 된 홍익한(洪翼漢)․윤집(尹集)․오달제(吳達濟)와 병자호란 시기 강화도에서 온 가족 13명이 자결로 정절을 지킨 민성(閔垶)이다. <삼학사전>․<민용암성전>에서 이 작품의 주 인공들은 모두 그 당시에 일컬었던 ‘의’를 지킨 인물로 그 시기, 나아가 그 후 수백 년 동안 영웅으로 추존되면서 만인의 칭송을 받았다. 이들은 모두 비장한 죽음으로 청에 대응했는데 홍익한․윤집․오달제는 청과 설전을 벌리다 참형당하고 민성은 청에 의한 욕(辱)을 피하려 고 일가 13명이 자결하였다. 이른바 삼학사란 병자호란의 척화신으로 척화삼학사 또는 병자 삼학사라고도 한다. 조선이 청에 항복하고 화의가 성립되자, 청에서는 전쟁의 책임을 척화론 자에게 돌려 이들을 청에 압송할 것을 요구했다. 홍익한은 대표적인 척화론자로 평양에서 회 군하는 청군에 잡혀 심양으로 압송됐으며 윤집과 오달제는 스스로 척화론자로 나섰다. 이 셋 은 청의 회유와 협박에 굴하지 않고 척화의 대의를 끝까지 밝히다가 모두 처형당했다. <민용 암성전>은 우암 송시열의 작품으로, 병자호란 당시 강화도가 함락되자 가족들과 함께 마니산 천등사(天燈寺)에 올라가 자결한 민성(閔垶)의 인물전기이다. 주인공 민성은 과거를 포기하 고 문사(文史)에는 방종하고 명예와 절개를 지키는데 매우 힘을 썼던 인물이다. Song Shilie, living in the chaos from 1592 to 1637 of Korean Dynasty, pursued the ideal of Ming-Dynasty-advocating and Qing-Dynasty-rejecting, as well as the Northern Expedition Theory put forward by Emperor of Song Dynasty. The main characters in the writing as Three Ministers’ Biography and Min Longyanxing’s Biography are men who were loyal to their nationality. They has been worshipped as the national heroes from that time to the next hundreds of years. It was Song Shilie’s writing that made Three Ministers and Min Xing as heroes. Three Ministers’ Biography and Min Longyanxing’s Biography are the most representative works among the biography literature which took War during 1636-1637 as the theme. The main characters in Three Ministers’ Biography were Hong Yihan, Yin Ji and Wu Daji, who advocated haws and lost their lives in the War during 1636-1637; while the leading character in Min Longyanxing’s Biography was Min Xing who led his 13 family members to commit suicide at Kanghwa Island. Facing the invasion of Qing Dynasty, all of them had been fighting even until they lost their lives. Three Ministers were massacred; Min Xing, with all of his family members, committed suicide, lest they suffered humiliations from troops of Qing Dynasty. Three Ministers referred to three men who are haws during the War, thus they were also called Three Haws, or Three Ministers during 1636-1637. When the Korean Dynasty surrendered and made peace with Qing Dynasty, the responsibility of starting the war was blamed on the haws. Three Ministers were required to be sent to Qing Dynasty. Hong Yihan, the representative of haws, was seized by Qing troops and sent to Shenyang; while Yin Ji and Wu Daji came forward to take responsibility. None of them yielded to Qing’s carrot and stick, thus were murdered at last. Min Longyanxing’s Biography was a biography about Min Xing, also written by Song Shilie. When War during 1636-1637, the Kanghwa Island was occupied by the Qing troops, Min Xing, with his family members, committed suicide at the Tiandeng Temple on the Moni Mountain. Min Xing gave up the imperial examination,and immersed himself in researching literature and history. He was the national hero who stuck to reputation and integrity.

汉语法律语体省略考察 ― 以≪中华人民共和国宪法≫为例

尹若男 ( Yin¸ Ruonan ),金美锦 ( Kim¸ Migeum ),殷树林 ( Yin¸ Shulin ) 중국어문연구회 2021 中國語文論叢 Vol.- No.107

In Constitution of the People’s Republic of China, the omitted component is mainly the subject, and the syntactic function of the omitted component and the recall component are often the same. The positions of the omitted component and the recall component in the sentence are mainly symmetrical and head-tail, and the form is unified. The clauses where the omitted component and the recall component mainly have no interval, and the interval is small. There are more anaphoric ellipsis, less encyclopedia knowledge ellipsis, and no cataphoric ellipsis; more clausal ellipsis, less subordinate clausal ellipsis and simple clausal ellipsis. Accessibility and hierarchy are important factors that affect the ellipsis of Chinese legal register. The syntactic functions of the omitted component and the recall component are different in accessibility, the interval and topicality also affect it. The hierarchy mainly reflects in coordinative relation, subordinative relation and structural parallelism between clauses. The omission and recall of low-accessibility components, as well as the low-frequency forms of cross-sentence ellipsis and cross-paragraph ellipsis, tend to shorter interval, recall components are all with high topicality and can often be explained in hierarchy.

再说“您” 和“您们”

殷树林 ( Yin Shulin ),金美锦 ( Kim Migeum ),尹若男 ( Yin Ruonan ) 한국중국언어학회 2019 중국언어연구 Vol.0 No.85

代词“您”在现代汉语中表示第二人称单数敬称义。“您”在金元时期由“你们”合音而来,表示复数义,单音节的“您”逐渐发展出单数义并占据优势,清代末期,“您”从“您+亲属称谓”和“你老人家”两个结构中发展出敬称义,进而成为汉语中专职的第二人称单数敬称代词,≪现代汉语词典≫(第7版)中对“您”的释义还值得商榷。“您们”是在“你们”等代词复数形式的类推机制下产生的,“您”的敬称义产生后,“您们”作为复数形式继续存在,其产生符合汉语构词规则,能填补语用上的空位,使用范围日渐扩大,历经数年仍未消亡,一向被积极肯定的“您二位”等相关形式使用频率却远低于“您们”,应承认“您们”的合理性,并考虑将其纳入现代汉语词汇系统中。 In modern Chinese, the pronoun “nin” has the second person singular honorific meaning. The sound of “nin”, firstly expressing the plural meaning, derives from the integration of “nimen” sound in the Jin and Yuan Dynasties, from which the monosyllabic “nin” has gradually started to generate the singular meaning and finally the singular meaning has become its main meaning. In the late Qing Dynasty, “nin”, from two structures of “nin+ kinship terms” and “ni lao renjia”, evolved into a word that would express the honorific meaning and then becomes a full-time second person singular honorific pronoun in modern Chinese. The definition of “nin” in Modern Chinese Dictionary(7th edition) deserves discussion. “Ninmen” comes into being under the analogic mechanism of pronoun plurals such as “nimen”. After the generation of the honorific meaning of “nin”, “ninmen” continues to exist as a plural form, which conforms to the Chinese word formation rules. It fills a vacancy of pragmatics, enjoys an increasingly expanding scope of use, and doesn’t vanish after several years. The use frequency of “nin erwei” and other related forms, which are positively affirmed, is far below the one of “ninmen”. The rationality of “ninmen” should be admitted and it should be considered to absorb “ninmen” into modern Chinese vocabulary system.

回声话语的性质特征和定义

尹若男 ( Yin Ruonan ),金美锦 ( Kim Migeum ) 중국어문연구회 2023 中國語文論叢 Vol.- No.114

Echo utterances of modern Chinese is a relatively common linguistic phenomenon in verbal interaction. However, its definition is still not clear enough in previous studies. Through the investigation of different types of natural conversational corpus such as courtroom conversation, doctor-patient conversation, interview conversation and daily conversation, it can be found that the five features of echo utterances are put forward. First of all, echo utterances and triggers are in an adjacent pair and its expansion, in which they are not limited to adjacent turns. The second, echo utterances are unanswerable repetition of what others have said between turns. The third, echo utterances repeat all or part of the triggers, and are reducible in form. The fourth, echo utterances and triggers are semantically consistent. Last but not least, echo utterances are syntactically independent, and cannot be combined with new discourse elements in the turn. Therefore, echo utterances can be defined as follows: Echo utterances refer to formally reducible, semantically consistent, syntactically independent and unanswerable repetition of the aforementioned other people’s utterances by the speaker in an adjacent pair and its expansion of conversation.

未來體育을 爲한 社會體育속의 Recreation의 役割

金美子 서울敎育大學校 1986 論文集 Vol.19 No.-

프랑스革命期(1789-1815) 服裝形式에 關한 硏究

金美紗 聖心女子大學校 1972 論文集 Vol.3 No.-