RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN CHINA,JAPAN AND SOUTH KOREA IN THE NEW ERA: SOUTH KOREAN LAW PERSPECTIVE

This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea (hereinafter referred to as “South Korea” or “Korea”). Articles 217 and 217-2 of the Civil Procedure Act of Korea and Articles 26 and 27 of the Civil Enforcement Act of Korea provide for the recognition and enforcement of foreign judgments respectively. Korea has not entered into any bilateral or multilateral treaties regarding the recognition and enforcement of foreign judgments and is not a party to the Convention on Choice of Court Agreements. The article also considers the current undesirable status of recognition and enforcement of judgments in the region consisting of China, Japan and South Korea (hereinafter referred to as “Region”) and suggests a course of action to be taken to improve the situation. The author believes that the experts of the Region should embark upon a project to improve the current situation and that the first step should be to exchange and gather information on the current legal regime of the countries in the Region on the recognition and enforcement of judgments. The author looks forward to future cooperation among the experts in the Region on this topic and is confident that the reciprocity requirement, which currently is a major obstacle to the mutual recognition and enforcement of foreign judgments in the Region, will be overcome in the near future.     

UNCONSTITUTIONALITY OF RECIPROCITY REQUIREMENT FOR RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN JAPAN

This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the state, the service of process, and the compatibility with Japanese public policy. Although Japanese courts have rarely refused the recognition of foreign judgments for lack of reciprocity for a long time, some Chinese judgments recently have not been recognized for this reason. The author clarifies first with historical review what was the purpose of the Japanese legislator, when the original law of 1890 required the reciprocity by international treaties, and when later the reform law of 1926 required the simple reciprocity that is similarly provided in the current law. The author surveys then the Japanese case law concerning the reciprocity requirement after the reform of 1926. The author focuses further on the reciprocity between Japan and China and compares the Japanese practice with the German one that led to a different result. Last, it is concluded that the reciprocity requirement is contrary to the protection of human rights under Japanese constitution.     

RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.     

韩国著作权的刑事保护

<正>关于知识产权国际保护的讨论基本上以世界知识产权组织(World Intellectual Property Or- ganization,以下简称WIPO)为中心而展开。对于一般作品以《保护文学艺术作品伯尔尼公约》     

公安机关刑事执法公开问题研究

通过15年的改革和发展,我国已经形成了刑事执法信息公开的原则、范围、内容、方式、时限、主体和监督救济渠道等相对完备的实施机制。但因为公安机关长期以来并没有信息公开的传统,要从神秘走向公开,还需要健全实施策略,改革公安机关信息公开法规的可操作性、公开责任的强制性、向公众公开的广泛性、公民知情权的可救济性。     

日本法医学DNA的发展与现状

日本法医学DNA研究始于1983年,从整体上看,其发展历程即是欧美法医学 DNA发展史的缩影,在一些课题研究方面走在世界的前列.1991年成立DNA多型学会,1997年建立DNA鉴定方针,对一些问题做了有关规定与解释,以保证DNA鉴定的正确使用.     

THE CHALLENGES FOR THE ENFORCEMENT AGAINST COPYRIGHT VIOLATIONS IN CHINA UNDER THE TRIPS AGREEMENT

While piracy is a serious problem in China, it is also a global concern. Within the domestic and the TRIPS context, this article discusses various forms of copyright violations in China, their impact on the enforcement of the Chinese Copyright Law, and their causes. In particular, this article discusses the unique aspects in China which make the enforcement of Copyright Law extremely difficult; it also analyzes how the Criminal Law should be used in the combat against piracy, and how China interprets the TRIPS Agreement as it is applicable to China. In addition, this article explores several means that are likely to become the future solutions of the problem of copyright violations in China.     

CHOICE OF COURT AGREEMENT WITH FOREIGN ELEMENTS IN CHINA: SHANDONG JUFENG V. SOUTH KOREA MGAME

Unlike statutory and discretionary jurisdiction, jurisdiction by choice of court agreement concluded in foreign-related civil and commercial matters should be decided by the parties. As a special contract, the choice of court agreement is so independent that its validity is governed by the law chosen by the parties or by the law of the country where the chosen court is situated in case that the choice of law is invalid. Amendments to the Civil Procedure Law (hereinafter referred to as “CPL”) of People’s Republic of China (2012) should not only include the jurisdiction by choice of court agreement with foreign-related elements, but also stipulate it in a more standardized way, rather than simply refer to provision of jurisdiction by choice of court agreement in domestic cases. At the same time, the CPL should make the scope of application of choice of court agreement more clear, and provide choice of law clause and its confirmative elements when deciding its effectiveness.     

COMPARING ANTITRUST ENFORCEMENT IN THE UNITED STATES AND EUROPE

Among the many important changes wrought by Regulation 1/2003are the decentralization of responsibility for enforcing EUcompetition law from Brussels to Member States and the creationof the European Competition Network to encourage coordinationand information-sharing among the 26 competition authoritiesin the EU. This article contrasts Europe's new system of competitionenforcement under Regulation 1/2003 with that of the UnitedStates. I focus upon two of the more significant features ofthe U.S. system: the dual legislative and enforcement authorityof the States and the Federal Government, and private enforcement.The Commission is presently evaluating measures to facilitateprivate enforcement and is set to release a Green Paper on thattopic later this year. I highlight a few characteristics thathave made private enforcement such a significant component ofthe U.S. antitrust regime, in some ways and at some times providingtoo much incentive for plaintiffs, at the expense of neutralor procompetitive business activity.     

法官为什么不相信证人? 证人在转型中国司法过程中的作用

<正>一、问题与方法不论司法实践还是诉讼理论,不论英美法抑或大陆法诉讼制度,其中心都在证据。在大陆法国家,书证和物证因罗马教会法传统更显重要,但是证人的作用并没有被忽视;在普通法国家,证人是司法程序的中心,甚至有"无证人,无诉讼"一说。而在转型时期中国的司法实践中,证人证言却远远没有发挥其应有的作用。我在2002-2003年参加的一项调查就显示,在     

TARGETED ENFORCEMENT AND ADVERSE SYSTEM SIDE EFFECTS: THE GENERATION OF FUGITIVES IN PHILADELPHIA*

Research on targeted enforcement in high‐crime places has focused on direct crime‐reduction impacts, possible displacement of crime, and more recently, diffusion of benefits to adjacent areas. Studies have ignored other unanticipated negative effects that a place‐oriented enforcement intervention may have on the justice system overall. Using the generation of fugitive defendants as one possible example of an important system side effect, this study proposes hypotheses relating to adverse, generalized, system side effects of a place‐ and crime‐focused intervention, and it tests for target area and targeted crime‐type effects, nontarget area and nontargeted crime‐type effects, and overall system effects. The analysis employs a multiple interrupted time‐series design [auto‐regressive integrated moving average (ARIMA)] to test the impact of one widely publicized, geographically targeted drug‐enforcement strategy in Philadelphia (Operation Sunrise, formally launched in June 1998) on the incidence of bench warrants as a measure of fugitives (weekly aggregate bench warrants series for the period January 1994–May 2005; N= 590 observations). The findings appear to support all hypotheses as they relate to the example of the generation of fugitives, and suggest a generalized system adverse side effect from the circumscribed place‐ and crime‐focused intervention. The implications of the findings for both research and policy relating to targeted enforcement interventions are discussed.     

THE LAWS,POLICIES, AND POLITICS OF REGULATING LEAD POLLUTION IN CHINA

This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China＇s Ministry of Environmental Protection （MEP） was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government＇s response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China ＇s governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.     

FEAR OF CRIME AND VICTIMIZATION AMONG THE ELDERLY IN DIFFERENT TYPES OF COMMUNITIES*

The central issue examined here is the effect that community setting, relative to other factors, has on victimization and fear of crime among the elderly. Findings are from 1,410 in-home interviews in two retirement communities (age homogeneous) and two age-heterogeneous communities. Victimization of elderly is low in all communities, and although nearly half of the respondents have some fear of crime, the percentage reporting great fear of crime is low. Victimization and fear of crime are only weakly related to one another, and the regression model for each does not account for much variance. But both are significantly related to the type of community, and fear of crime is also related to other variables. The greater the age density of the community (greater concentration of elderly), the less crime and less fear of crime. Living arrangements, sociodemographic variables, and health status of the elderly as indicators of personal vulnerability to crime are not related to victimization, but are related to fear of crime, and effects of community setting on fear of crime are reduced when these other variables are taken into account. Suggestions for other, unmeasured, sources of variations and implications for future research are presented.