중국 외국투자법(초안) 에 대한 고찰

LiHua 서강대학교 법학연구소 2015 법과기업연구 Vol.5 No.1

외국투자법 초안의 공포로 중국은 거의 30년을 유지하여 외자3법체계를 재정립 할 가능성이 제시되었다. 외국투자법에서는 외국투자자와 외국투자에 대하여 정의를 내리고, 외국투자자의 “외국국적” 여부를 판단함에 있어서 지배개념을 도입하고, 시장진입 전 내국민대우를 부여하고 외국투자에 대한 네거티브 리스트 모델을 택하였다. 외국투자법의 新개념들의 도입으로 중국정부의 외국투자자와 외국투자기업에 대한 관리는 사전관리로부터 사중, 사후관리로 전환된다. 외국투자법에서는 일련의 事中, 事后관리 제도를 도입하고 있는데 여기에는 국가안전심사제도, 정보보고제도, 외국투자 촉진과 외국투자 보호제도, 불만신고 조정에 관한 처리제도, 감독검사제도 등이 포함된다. 동 제도들은 외국투자법에서 규정하고 있는 170개 조항들에 의하여 작동되고 있다. 이와 같이 방대한 량의 규정들은 현재는 의견수렴단계에 있고 향후 구체적으로 수정되겠지만 외국투자법의 통과와 더불어 외상투자 관련 법규의 적용 및 이행이 혼란하고 정부의 시장에 대한 과도한 간섭과 개입은 전체적으로 보았을 때 완화될 것으로 전망된다. 하지만 다른 일각에서는 강화된 국가안전심사제도, 정보보고제도, 감독검사제도와 관련 의무를 불이행시 따르는 법적책임규정을 고찰한다면 동 외국투자법은 특히 중소 외국투자자의 투자의지를 좌절하고 중국시장에 활력을 불러 일으키는데 방애가 된다는 주장이 제기된다. 이러한 우려는 중국 투자법상 애매모호한 규정에 대하여 명확히 하고, 관련 관리절차를 투명화하며, 외국투자관리부문에서 기타 정부부처와의 적극적이 조화로운 협력방안을 모색하고 공정하고 법에 따른 권리구제제도를 보장해야만 해소될 수 있다. 잠재적인 혹은 기존에 이미 중국시장에 진출한 외국투자자거나 외국투자기업은 한편으로 외국투자법 초안에 대하여 깊이 있는 연구를 진행하여 불합리하거나 잘못된 내용들에 대해서는 중국 정부 측에 적극적으로 의견을 제시하는 것이 바람직하다. 또 다른 한편으로는 외국투자법 초안과 이에 대한 각 계의 논의로부터 향후 관리에 대한 흐름을 파악하고 미리 인력자원을 확보하여 변화된 내용들에 대한 철저한 조사와 학습을 근간으로 변화하는 중국투자환경에 신속히 대응할 수 있도록 미리 준비해야 할 것이다. On January 19, 2015, the Ministry of Commerce (the "MOFCOM") of the People"s Republic of China (the "PRC") released a draft of a newly proposed Foreign Investment Law for public comment (the "New Law"). If the New Law is passed by the National People"s Congress and goes into effect, it will entirely replace the current foreign investment legal framework; i.e., the Sino-Foreign Equity Joint Ventures Law of the PRC, the Sino-Foreign Cooperative Joint Ventures Law of the PRC and the Wholly Foreign-Owned Enterprises Law of the PRC (together, the "Current Framework"), and foreign investors in China will need to adapt accordingly. In the Draft Law, only those foreign investment projects that fall under the negative list are subject to the governmental approval requirement. For those projects or entities that are not on the negative list, foreign investors are allowed to bypass MOFCOM approval and directly register with the respective Administration of Industry and Commerce in the location of the business or the entity. In this regard, foreign invested enterprises can benefit from the national treatment principle and only follow the PRC Company Law and relevant regulations in the same way as Chinese domestic enterprises. In addition to this, the current rules regarding national security review of mergers and acquisitions of domestic enterprises by foreign investors are general and broad with respect to its scope and contents. The Draft Law will subject all foreign investors and foreign invested enterprises to comprehensive information reporting obligations regardless of the investment sector, even though foreign investment that is not on the negative list is exempt from prior approval. Furthermore, Under the Current Framework, most foreign multinational corporations (the "MNCs") in China operating in the technology, media and telecommunications ("TMT") industries (areas in which foreign equity ownership is restricted) access these industries free of investment restrictions through a variable interest entity ("VIE") structure. The new provisions and systems have received critical comments from scholars, Association on Foreign Enterprises and other departments of government. Some of them include Information reporting systems do raise administrative burdens for the foreign investors and that might be violation of National Treatment. and the provisions regarding national security review are vague and the scope which fall in under system are not clear engough. The deadline of soliciting public comments of the Draft Law was on February 17, 2015. We will keep a close eye on MOFCOM’s subsequent actions over this Draft Law and also monitor any change of rules by other regulatory authorities of foreign investments. As the foreign investor who are currently run business or plan to enter the chinese market should be prepared for the change in chinese legal systems.

Thinking of the Coordinated Development of E-Commerce Economy Entity and the Internet of Things Economy

Lihua 보안공학연구지원센터(IJUNESST) 2013 International Journal of u- and e- Service, Scienc Vol.6 No.6

The Control of Superheat and Capacity for a Variable Speed Refrigeration System Based on PI Control Logic

Li Hua,정석권 대한설비공학회 2007 International Journal Of Air-Conditioning and Refr Vol.15 No.2

PI Control with the Smith Predictive Controllerfor a Variable Speed Refrigeration System

Li Hua,정석권,양주호,김동규,Jeong-Pil Choi 대한설비공학회 2007 International Journal Of Air-Conditioning and Refr Vol.15 No.3

In this paper, we suggest PI control with the Smith predictive controller to improve transient response of a variable speed refrigeration system (VSRS). As the refrigeration system has long dead time inherently, it is difficult to get fast responses of superheat and reference temperature. We incorporated the Smith predictive controller into PI to compensate the effect of the long dead time of the system. At first, we introduced the decoupling model of the system to control capacity and superheat simultaneously and independently. Next, we designed the predictive controller of the superheat based on PI control law. Finally, the control performance by the proposed method was investigated through some numerical simulations and experiments. The results of the simulations and experiments showed that the proposed PI control with the predictive controller could obtain acceptable transient behaviour for the system.Nomenclature†Corresponding authorTel.: +82-51-620-1507; Fax: +82-51-620-1500E-mail address: skjeong@pknu.ac.kr: variation: compressor frequency [㎐]: evaporator superheat [℃]: chamber temperature [℃]: input temperature of evaporator [℃]: output temperature of evaporator [℃]: opening angle of EEV [%]: error: PI controller: transfer function: proportional gain: integral gain: output of PI controller: complex variable

Suppression of Hyperglycemia and Hepatic Steatosis by Black-Soybean-Leaf Extract via Enhanced Adiponectin-Receptor Signaling and AMPK Activation

Li, Hua,Kim, Un-Hee,Yoon, Jeong-Hyun,Ji, Hyeon-Seon,Park, Hye-Mi,Park, Ho-Yong,Jeong, Tae-Sook American Chemical Society 2019 Journal of agricultural and food chemistry Vol.67 No.1

<P>Yellow-soybean-leaf extract includes kaempferol glycosides and pheophorbides that reduce obesity and plasma glucose levels. This study researched the molecular mechanisms underlying the glucose-lowering effect of the extract of black-soybean leaves (EBL), which mainly contains quercetin glycosides and isorhamnetin glycosides, in mice with high-fat-diet (HFD)-induced obesity and diabetes and in HepG2 cells. Twelve weeks of EBL supplementation decreased body weight and fasting glucose, glycated hemoglobin, insulin, triglyceride, and nonesterified fatty acid levels. Histological analyses manifested that EBL suppressed hepatic steatosis. Interestingly, EBL significantly improved plasma adiponectin levels and increased adiponectin-receptor-gene (<I>AdipoR1</I> and <I>AdipoR2</I>) expression in the liver. EBL restored the effects of HFD on hepatic AMP-activated protein kinase (AMPK) and on the family of peroxisome proliferator-activated receptors (PPARα, PPARδ, and PPARγ), which are associated with fatty acid metabolism and are downstream of the adiponectin receptors. Hence, EBL effectively diminished hyperglycemia and hepatic steatosis through enhancing adiponectin-induced signaling and AMPK activation in the liver.</P> [FIG OMISSION]</BR>

Synthesis of novel difluoro-cyclopropyl guanine nucleosides and their phosphonate analogues as potent antiviral agents.

Li, Hua,Yoo, Jin Cheol,Kim, Eunae,Hong, Joon Hee Marcel Dekker 2011 Nucleosides, nucleotides & nucleic acids Vol.30 No.11

<P>The synthesis of new rigid guanine analogues with anti-HIV-1 and anti-herpes viral activities is described. The phosphonate of difluorocyclopropane nucleoside analogue 26 exhibits in vitro anti-HIV-1 activity similar to that of PMEA in MT-4 cells. Further, analogue 20 shows moderate anti-HCMV activity in MRC cells.</P>

냉동사이클의 열역학 특성에 관한 실험적 연구

Li Hua,이동우(D. W. Lee),정석권(S. K. Jeong) 한국동력기계공학회 2005 한국동력기계공학회 학술대회 논문집 Vol.- No.-

To obtain high efficiency, high intelligence, and energy saving for refrigeration system, the optimum control of the refrigeration system is inevitable. The conventional control schemes are mainly based on representative two control methods. One is capacity control for room temperature control and energy saving by compressor speed variation. The other is superheat control for enhancing coefficient of performance of the refrigeration system by varying opening angle of an electronic expansion valve. They have been controlled not be coupled but be separated. However, the refrigeration system's elements are deeply connected with the pipe each other, so optimum control is not easy. This paper presents an experimental study for heat dynamic characteristics analysis of the refrigeration system to control evaporator superheat and compressor capacity with optimum.

Decoupling Control Design for Variable Speed Refrigeration System of a Ship

Li Hua,정석권,Jung-In Yoon 한국마린엔지니어링학회 2006 한국마린엔지니어링학회지 Vol.30 No.7

In this paper, we suggest decoupling control method based on general PI control law to control variable speed refrigeration system of the ship effectively. In the variable speed refrigeration system, the capacity and the superheat are controlled by inverters and electronic expansion valves respectively for saving energy and improving cost performance. Thus, we propose decoupling model to eliminate the interfering loop between capacity and superheat at first. Next, we design PI controller to control capacity and superheat independently and simultaneously. Finally the control performance was investigated through some experiments. The experimental results show that the PI control design can obtain good control performance under the adjustable control reference and thermal load variation.

Neuroprotective effects of <i>Alpinia katsumadai</i> against experimental ischemic damage via control of oxidative stress

Li, Hua,Park, Joon Ha,Lee, Jae-Chul,Yoo, Ki-Yeon,Hwang, In Koo,Lee, Choong Hyun,Choi, Jung Hoon,Kim, Jong-Dai,Kang, Il-Jun,Won, Moo-Ho Informa Healthcare 2013 Pharmaceutical biology Vol.51 No.2

<P><I>Context</I>: <I>Alpinia katsumadai</I> (Zingiberaceae) has been identified by the National Plant Quarantine Service in Korea. The extract of <I>Alpinia katsumadai</I> seed (EAKS) has antioxidant activities.</P><P><I>Objective</I>: We investigated the neuroprotective effects of EAKS on ischemic damage in the gerbil hippocampal CA1 region after transient cerebral ischemia.</P><P><I>Materials and methods</I>: The ethanol extract of EAKS was obtained by organic solvent, collected in Kangwon province (South Korea) and orally administered using a feeding needle once a day for one week before transient cerebral ischemia in gerbils.</P><P><I>Result</I>: We adapted oral administration of 25 and 50 mg/kg EAKS because there are no data about the absorption and metabolism of EKAS. We found a significant neuroprotection in the 50 mg/kg EAKS-treated ischemia group, not in the 25 mg/kg EAKS-treated ischemia group, at 4 days ischemia-reperfusion (I-R). In the 50 mg/kg EAKS-treated ischemia group, about 68% of pyramidal neurons in the CA1 region were immunostained with neuronal nuclei (NeuN) 4 days after I-R, compared to the vehicle-treated ischemia group. 8-Hydroxy-2′-deoxyguanosine (a marker for DNA damage) and 4-hydroxy-2-nonenal (a marker for lipid peroxidation) immunoreactivity in the CA1 region of the EAKS-treated ischemia group were not markedly changed compared to the vehicle-treated ischemia group. In addition, Cu,Zn- and Mn-SOD immunoreactivity in the CA1 region of the EAKS-treated ischemia group were increased compared to the vehicle-treated ischemia group.</P><P><I>Discussion</I>: Repeated supplements of EAKS could protect neurons against ischemic damage, showing that DNA damage and lipid peroxidation are attenuated and SODs are increased in the ischemic CA1 region.</P>

Application of the Microwave-assisted Process to the Fast Extraction of Isoflavone from the Waste Residue of the Soybeans

Li Hua,Hu Guoqin,Li Dan 대한화학회 2009 Bulletin of the Korean Chemical Society Vol.30 No.11

Due to the importance of isoflavone content in soybean extracts, the microwave-assisted process (MAP) was compared to the conventional extraction methods. For comparison of the three methods, all extraction parameters (solvent, sample to solvent ratio, temperature, etc.) were kept the same; the microwave extractor was operated at 187.5 W with an emission frequency of 2450 MHz under atmospheric pressure conditions and the extractions were carried out at 75 oC for 3 min while the conventional reflux was at 75 °C for 3 h. Total yield and crude isoflavone content were determined by ultraviolet spectrophotometric and compared with the three methods. Results indicated that the MAP was comparable to the conventional method in its capability to extract target compounds without causing any degradation; in addition it dramatically reduced the extraction time from 3 h to a few minutes, suggesting that it can be an alternative technique to the time-consuming conventional reflux method.