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盧靑錫(Lu Qingxi) 행정법이론실무학회 2006 행정법연구 Vol.- No.16
The court organization system in China is composed of local people's courts of various levels:(including basic people's courts, intermediate courts, and higher courts), special people's courts, and supreme people's court. In the administration of justice, the people's courts adopt the system whereby the second instance is the last instance, that is, four levels of court system of second instance being the final instance. The system of the court of second instance being the final instance is that a case will be proclaimed to end through judicial activities of two levels of people's courts. The system of judicial supervision (called retrial system) is a kind of special judicial system, which brings a new trial against legally effective orders and judgments in accordance with the provisions of the law. The system of judicial supervision is a remedial measure of the system of the court of second instance being the final instance. In addition to legal grade jurisdiction and regional jurisdiction, in administrative procedure, jurisdiction of strange land is also applied to judge, which is a new attempt under the peculiar circumstance in China.
盧靑錫(Lu Qingxi),司英傑(Si Yingjie) 한국법학원 2010 저스티스 Vol.- No.116
2005년 10월, 최고인민법원에서 공포한 “인민법원제2차5년개혁요강(2004-2008)” 제13조에 “안례지도제도(案例指導制度)를 신설하고 완비하여 지도성안례의 법적용에서의 통일기준, 하급법원의 재판업무를 지도, 법학이론을 발전하는 역할 등을 중시하여야 한다. 최고인민법원은 안례지도제도의 규범성문서, 지도성안례의 선택기준, 선택절차, 공포방식, 지도규칙 등을 규정하여야 한다”고 규정을 하여 최고인민법원에서 정식문서의 형식으로 사법개혁의 하나로 안례지도제도의 도입을 확고히 하였다. On october 26, 2005, supreme people’s court promulated “People’s Courts’ Second FiveYear Reform Program(2004 2008)” containing as many as 50 reform tasks . Its 13th task provided: “establish and improve the case guidance system , attach importance to guiding cases’ function in unifying standard of application of law , guiding trials of lower court , enriching and developing the legal theory and so on. Supreme people’s court lays down the regulatory documents with ragard to the case guidance system, proclaims the compiling standard , compiling procedure , issuing method and directing rules of guiding cases”. Which made it clear that china was to establish “the case guidance sysytem”. This system was consistent with china’s situation and was different with the case law countries.
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.